e--T TEENNDDEERR DDOOCCUUMMEENNT FFOORR

RAJASTHAN STATE MINES & MINERALS LIMITED

(A Government of Rajasthan Enterprise)

ee--TTEENNDDEERR DDOOCCUUMMEENNTT FFOORR

Excavation & Removal of 54.00 Lac Bank Cubic Meter Rock

From Eastern Pit (F & G Blocks)

At Jhamarkotra Rock Phosphate Mine, Udaipur (Rajasthan)

e- Tender No. RSMM/CO/GGM (Cont)/Cont-05 /2019-20 dated 16.05.2019

IIssssuueedd bbyy

GGeenneerraall MMaannaaggeerr ((CCoonnttrraaccttss)),,

CCoorrppoorraattee OOffffiiccee,, RRSSMMMMLL,, UUddaaiippuurr –– 331133000011

Cost of Non Transferable Tender Document (including GST) : Rs 4720/-

Date of downloading of Tender : From 16.05.2019 to 13.06.2019- up to 1:00 PM

Pre-Bid Meeting Date & Time : On 04.06.2019 at 11:00 AM at RSMML Corporate

Office, Udaipur, Rajasthan -313001

Last Date of Online Submission of Tender: 13.06.2019 up to 3:00PM

Date of Opening of Techno-commercial Part (Part I): 14.06.2019 at 3:30 PM

Registered Office:

C-89 Jan path Lal Kothi Scheme,

Jaipur –302 015

Phone:0141-2743734

Fax : 0141-2743735

Corporate Office:

4, Meera Marg,

Udaipur - 313 001

Phone : 0294-2428763-67,

fax 0294-2428768,2428739

SBU & PC - Rock Phosphate,

Jhamarkotra Rock Phosphate Mines,

Post: Jhamarkotra - 313015, UDAIPUR

Phone: 0294-2342441-45FAX: 0294-

2342444

Cont-05(18-19) Excavation & removal of 54.00 Lac BCM of rock from Eastern Pit at Jhamarkotra Mines 2 of 102

RAJASTHAN STATE MINES & MINERALS LIMITED (A Government of Rajasthan Enterprise)

Corporate Office: 4- Meera Marg, UDAIPUR – 313 001, Phone: 0294-2427177, 2428792, 2428763-67, fax 0294-2428768, 2428739

Email: [email protected]

Ref: e- Tender No. RSMM/CO/GGM (Cont)/Cont-05 /2019-20 Dated 16.05.2019

DETAILED e- NOTICE INVITING TENDER

Online tenders are invited in electronic form through https://eproc.rajasthan.gov.in for

following works from Competent Individuals /Firms/Companies

Brief Description of work Period of

contract Estimated

Quantity

Bid security/

Earnest

Money

Drilling, excavation and transportation of

overburden/waste rock/secondary ore to the

indicated dump yards/secondary ore stacks and

mining of ore (rock phosphate ore of various

grades) and its transportation to the crushing

plant/s or ore stacks as per the direction of

Engineer in charge from Eastern Pit (F and G

Blocks) of Jhamarkotra Rock Phosphate

Mines.

36

Months

54.00 lac

BCM

Rs.167.2 Lakhs

(By BG/DD/

RTGS)

Cost of tender document Rs. 4720/-is inclusive of GST, payable by DD in favour of “RSMM Ltd,

Udaipur”

Processing Fee Rs. 1000/- payable by DD in favour of MD RISL, payable at

Jaipur

Period of sale of documents From 16.05.2019 to 13.06.2019 up to 1.00 PM.

Date & time of Pre bid Meeting 04.06.2019 at 11:00 AM at RSMML, Corporate office,

Udaipur,

Last Date & Time of Submission of

offer Dated 13.06.2019 up to 3:00 PM at CO, Udaipur

Date of opening of Techno

Commercial offer Dated 14.06.2019 at 3:30 PM at CO, Udaipur

Tenderer shall be pre qualified on the basis of criteria mentioned below-

i) The annual turnover of bidder from any business should be atleast Rs 13.93 Crores,

during any of the four preceding financial years i.e., 2015-16, 2016-17, 2017-18 &

2018-19.

Tender is to be submitted online at https://eproc.rajasthan.gov.in electronic form as prescribed in

the tender. The tender fees & processing fees will not be refunded in any case. The bidder should

go through the website https://eproc.rajasthan.gov.in& the link "help for contractors ","

information about DSC", FAQs & the bidder manual kid " to know the process for submitting the

electronic bids at website. The complete bid document has been published on the website

www.rsmm.com / eproc.rajasthan.gov.in& on sppp.raj.nic.in for the purpose of downloading.

The uploaded bid document shall be considered valid for participation in the bid process subject to

submission of required cost of tender document, e-Tendering processing fee, EMD etc. & the same

shall be reached to the office of undersigned on or before the time specified for online submission

of tender.

mailto:[email protected]

https://eproc.rajasthan.gov.in/

http://www.rsmm.com/



In case the tenderer is a Company registered under the Companies Act, then the turnover of the

Company shall only be considered. Joint Ventures (JV)/Consortium are also allowed to participate

in this tender subject to the condition that JV/Consortium members would be responsible jointly

and/or severally for the execution of the contract and other responsibilities & liabilities arising

under this contract.

Further, in such cases, the cumulative turnover of members of JV/Consortium shall be considered

in ascertaining eligibility of tenderer. In case of JV/Consortium, the members of JV/Consortium

shall nominate a representative, which shall have the authority in the form of General Power of

Attorney to sign the uploaded documents digitally & to conduct all business for and on behalf of

JV/Consortium during the bidding process.

In the event, the bid of JV/Consortium is accepted, they will require to form a registered Joint

Venture Company/firm to execute the contract, as per the terms of the tender document.

The tender shall be pre-qualified on the basis of documents furnished/uploaded along with

Techno-commercial bid in support of above. The decision of the company will be final and

binding in this regard. The company reserves its right to call for any additional information so as to

check the eligibility of the tenderer.

Any person participating in the tendering process shall be subject to code of integrity & disclose

conflict of interest, as defined in the rule 80 & should not have a conflict of the interest in the

tender as stated in rule 81 of Rajasthan Transparency in Public Procurement Rules, 2013 & in the

tender document. Appropriate action against such bidder in accordance with section 11, chapter

IV and other relevant provisions of the RTPP Act, 2012 and rules made there under shall be taken,

if it is determined that a conflict of interest has flawed the integrity of tendering process. Tenderer

found to have a conflict of interest shall be disqualified.

The tenderer shall be required to deploy the requisite make & model of the equipment to perform

the entire scope of work & compliance of the terms & conditions of tender document thereof & to

achieve the production target, as given by the company from time to time.

The price bid of only those bidders shall be opened who qualify in technical bid as per criteria laid

in tender & only qualified bidders will be informed about price opening.

Tenderer(es) who have been banned/ suspended by the company or any government

organisation/department shall not be eligible to participate in this tender/ during the currency of

suspension/banning period.

Offers furnished through any other mode shall not be considered. The Company reserves the right

to accept or reject/cancel any or all offers without assigning any reason whatsoever. Also the

company does not bind itself to accept the lowest price offer. The Company shall not be

responsible for any postal delay or loss of offer.

General Manager (Contracts)

Note: The tenderers are advised to keep visiting RSMML/E-proc/SPPP website till due date

/extended due date(s) of tender for corrigendum /addendum if any to the tender. Only

Banker's Cheque / DD/ BG towards EMD and Banker's Cheque / DD towards Tender

document fees, processing fees, declarations and affidavits shall be physically deposited in

original to RSMML, Corporate office, Udaipur & scanned copy of the same as to be

unloaded with other documents on or before the due date of submission.


SECTION- II

DEFINITIONS & INTERPRETATIONS

2.1 DEFINITIONS:

In the contract (as hereinafter defined) the following words and expression shall have

the meaning hereby assigned to them, except where the context otherwise requires.

2.1.1. "Agent" shall mean the Agent for Jhamarkotra Mines so notified by the company in

this behalf.

2.1.2. "Alteration/Variation order" means, any order given in writing by the Engineer-In

Charge to the Contractor from time to time to affect Alteration/Variation from given

Scope of Work. Such an order will be without any financial implication to the

Company.

2.1.3. “Approved" shall mean approved in writing by the Company/Engineer-In-Charge.

2.1.4. "Appointing Authority," wherever the expression is used shall mean the Managing

Director of the Company.

2.1.5. “Area/Areas” shall mean the area/areas under contractual obligations viz Eastern Pit

(F and G Blocks), unless otherwise specified.

2.1.6. Area “Eastern Pit (F and G Blocks)” means area between section lines from 5500E

to 7100E and 3750N to 4650N , between 550 MRL to 390 MRL as delineated in the

plan up to the pit limit conforming to the specified configuration of benches .

2.1.7. "Bank Cubic Meter/s" or "BCM" shall mean the volume of rock in site (in-situ)

without being disturbed.

2.1.8. "RSMML" or "COMPANY" shall mean "Rajasthan State Mines & Minerals

Limited," having its registered office at C-89/90, Janpath, Lal Kothi Scheme Jaipur

(Rajasthan) and Corporate Office at 4, Meera Marg, Udaipur (Rajasthan) including its

successors and assignees or its representatives authorized to act on its behalf for the

purpose of contract.

2.1.9. "Contract Document" shall mean collectively designs, drawings, plans,

specifications, agreed variations, if any and other documents constituting the tender

and acceptance thereof.

2.1.10. "Contractor" shall mean the person or persons, firm or company, whose tender has

been accepted by the Company and shall include his/its/their legal representatives,

administrators, project in-charge or successors and executors.

2.1.11. "Contract" shall mean the agreement between the Company and the Contractor for

execution of the work/s including therein all documents such as invitation to tender,

instructions to Contractor, general conditions of contract, special conditions of

contract, job specification, general requirements, time schedule for completion of

work, drawings, letter of Acceptance /telegram awarding the work,

2.1.12. "Completion Certificate" shall mean the certificate to be issued by the Engineer-in-

Charge when the work/s has been completed to his satisfaction as per terms of the

contract.

2.1.13. "Contract Rate" or "Schedule Rate" or "Tendered Rates" or "Rate of

remuneration" means rate entered in figures and words in schedule/s by the

Contractor and accepted by the Company as payable to the Contractor for execution

/performance of all contractual obligations based on the excavation of overburden or

waste rock or ore from the specified area/s and its disposal as per terms of the contract

on per Bank Cubic Meter (BCM) basis.

2.1.14. "Commencement of work" shall be reckoned from the date of issue of detailed letter

of Acceptance including the stipulated mobilization period.

2.1.15. "Drawings”/ “Plan" shall mean all map/s, plan/s, section/s, sketch/s, lay-out/s, and

tracing/s, or print/s, thereof with additions, alterations, corrections and modifications if

any, and as are incorporated or required from time to time in the contract for proper

execution of work as may be given / approved in writing by the Engineer-in-Charge

to the contractor from time to time in order to define broadly the scope and

specifications of the work and reproduction/s thereof, for the execution of the contract.

2.1.16. "Engineer-in-Charge", (EIC) shall mean the Officer so designated for the overall

supervision, coordination, direction and administration of the contract work from time


to time by the Company and shall also include the Head of SBU & PC - Rock

Phosphate.

2.1.17. "Engineer's Representative" shall mean any resident Engineer or assistant to the

Engineer-in-Charge appointed from time to time by the company to perform the duties

set forth in the contract whose authority may be notified in writing to the Contractor

by the Company.

2.1.18. "Final Certificate" in relation to the work shall mean the certificate regarding the

satisfactory compliance, performance and fulfillment of all Contractual Obligations as

issued by the Head of SBU & PC - Rock Phosphate.

2.1.19. "Managing Director" shall mean the Managing Director of Rajasthan State Mines

and Minerals Limited.

2.1.20. "Head of SBU & PC - Rock Phosphate" shall mean Group General Manager for the

SBU & PC - Rock Phosphate of RSMML or his successor in the office so designated

by the Company.

2.1.21. “Group General Manager (Contract)” shall mean the Group General Manager

(Contract) of Rajasthan State Mines and Minerals Limited or his successors in office

so designated by the Company.

2.1.22. "Dy. General Manager" shall mean the Dy. General Manager of Rajasthan State

Mines and Minerals Limited so designated for Jhamarkotra Rock Phosphate Mine of

RSMML or his successors in office so designated by the Company.

2.1.23. "Mines Manager" shall mean the Mining Engineer so designated for Jhamarkotra

Rock Phosphate Mines of Rajasthan State Mines and Minerals Limited.

2.1.24. "Mobilization period" shall mean the time allowed to contractor to mobilize the

equipments & Man power to commence the work.

2.1.25. "Letter of Acceptance" shall mean intimation by a letter/telegram to Contractor that

his/its tender has been accepted, in accordance with the provision contained in the

letter/telegram.

2.1.26. "Notice in writing or written notice" shall mean a notice written, typed or printed

sent (unless delivered personally or otherwise proved to have been received) by

registered post to the last known business address or registered/Head/local office of

the addressee and shall be deemed to have been received in the ordinary course of

post.

2.1.27. "Ore" or "Rock Phosphate Ore" or "Phosphorite" shall mean all types of meta--

sedimentary rock phosphate with variable P205 content having "Apatite" as main

constituent mineral along with other associated impurities and occur as a well-defined

bed with sharp & clear demarcating contact from the overburden/waste/secondary ore.

2.1.28. "Period of liability" in relation to work means the specified period from the date of

issue of completion certificate up to the date of issue of unconditional final certificate

during which the Contractor stands responsible for rectifying all defects that may

appear in the execution of contract work/s to the satisfaction of the Company unless

otherwise as mentioned.

2.1.29. "Rock" shall mean all types of overburden, waste, secondary ore and Rock Phosphate

ore of all the types, grades and categories encountered at Jhamarkotra Mines.

2.1.30. "Secondary Ore" or "Secondary Rock Phosphate" or "Secondary Phosphate" or

"SO" shall mean all types of meta-sedimentary, remobilized thin apatite crust with

variable P2O5 & other associated impurities and occur in scattered manner as stringers,

intercrossing network of this veins along the cracks, fractures, pockets & cavities in

the overburden/waste rock.

2.1.31. "Sub-Contractor" shall mean any person or firm or company (other than the

Contractor himself) to whom any part of the work may be/has been entrusted by the

Contractor with the prior written consent/approval of the Company.

2.1.32. "Site" shall mean the land or other place on, under, in or through which the work/s are

to be carried out and other land or place or area/s provided by the Company for the

execution of the contract.

2.1.33. "Specifications" shall mean directions, various technical specifications, provisions

and requirements attached to and referred to in the contract, which pertain to the


method and manner of performing the work/s to the scheduled quantities and

quantities of the work/s and the materials to be furnished, used /required to be

used/consumed and/or provided for executing work/s as may be amplified or modified

by the Company or the Engineer-in-Charge from time to time and

notified/communicated to the Contractor during the course of performance of this

contract and provide for the unforeseen conditions or in the best interest of the

work/so It shall also include the latest addition including all agenda or corrigenda or

relevant rules, regulations regulation codes.

2.1.34. "Schedule of quantities and Rates" shall mean the rock excavation schedule

incorporated in the contract in which quantities of all work are entered for execution

of the contract and the rate of remuneration thereof, at which the Contractor has

undertaken to carry out the work under the contract during the contract period.

2.1.35. "Shift Manager/Shift Incharge" shall mean the Mining Engineer so designated by

company to look after overall control and supervision of mines in each working shift

include Shift Engineer or Assistant Manager etc.

2.1.36. “Shift work” is an employment practice designed to make use of, all 24 hours of the

clock each day of the week. The practice typically sees the day divided into shifts, set

periods of time during which different groups of workers perform their duties.

2.1.37. "Temporary Works" shall mean and include all temporary work/s of every kind for

the execution of the main work as incidental and ancillary thereto.

2.1.38. "Tender" shall mean the offer/bid submitted by the Contractor against this inquiry for

acceptance by the Company.

2.1.39. "Tonne" shall mean metric tonne (1000 Kilograms).

2.1.40. "Waste Rock" or "Overburden" or "OB" or "O/B" shall mean all types of

sedimentary, meta-sedimentary, remobilized Dolomite, Dolomitic Limestone,

Siliceous & Ferrugineous Dolomites/Limestones, altered/weathered Siliceous &

Ferrugineous variants of calcium-magnesium rock and other intercalated and

associated rock types including patches of Secondary Rock Phosphate. Except

secondary rock phosphate patches, waste rock or overburden is normally devoid of

any phosphate content (P205 content).

2.1.41. "Work/s" shall mean and include excavation, removal, transportation, disposal,

dumping, dozing, leveling and spreading etc. of overburden at the specified/earmarked

dump yard/s, Secondary ore stack/s, including final dressing of mine benches, faces

and sides, slopes etc and mining of Rock Phosphate ore encountered during the

excavation and removal of overburden/waste rock, it's transportation to the crushing

plant/s, ore stack/s from the areas as specified in the scope of work herein after

including re-handling of some dumped waste rock there from of Jhamarkotra mines

and also including drilling, mucking, loading, unloading and stacking, dozing, leveling

etc., with all leads and lifts involved in connection there with and including all

preparatory work, dressing, finishing, construction and maintenance of approach/haul

roads and other allied/related incidental and ancillary operational work/s etc.,

including extra, additional, altered and substituted work/s pertaining thereto and/or

relating to the excavation and removal of overburden/waste rock/secondary ore and

mining of Rock Phosphate ore etc. as specified in the contract document on turnkey

basis to be executed in accordance with the terms of the contract all inclusive.

2.2 INTERPRETATIONS:

2.2.1 Wherever it is mentioned that the Contractor shall do or perform or cause to be done

certain work/s or provide certain facilities or discharge certain obligation/s or make

certain provision/s etc. it is expressly agreed and understood that each and every such

work/s, facility, obligation/s or provisions etc. shall be made and/or provided by the

Contractor and liability discharged to the satisfaction of the Company at the cost and

consequences of the Contractor.

2.2.2 Several clauses and documents forming the contract are to be taken as mutually

explanatory. Should there be any discrepancy, inconsistency, error or omission in the

contract or for any of the matter/s, the same shall be referred to in writing by the

Contractor to the Head of Phosphate Division of the Company whose interpretation/s,

decision in writing shall be conclusive, final and binding on the Contractor.


2.2.3 The works upon the drawing but not mentioned in the specifications or described in

the specification without being shown on the drawings shall nevertheless be held to be

included in the same manner as if they had been specifically shown upon the drawings

and described in the specifications.

2.2.4 All headings and marginal notes to the various clauses of the contract are solely for the

purpose of giving a concise indication and not a summary of the contents thereof, and

they shall never be deemed to be part thereof or be used in the interpretation or

construction thereof, or of the provisions of the contract.

2.2.5 In the contract, unless otherwise stated specifically, the singular shall include the

plural and vice versa, wherever the context so requires, the words importing person/s

shall include incorporated companies, registered association, body of individuals or

partnership firm.

2.2.6 General conditions of contract shall be read in conjunction with the Special Conditions

of Contract, Specification of work, Drawings and any other documents forming part of

this contract wherever the context so requires.

2.2.7 Notwithstanding the sub-divisions of the various clauses of the contract into the

separate parts/sections, every part of such shall be deemed to be supplementary to and

complementary of each and every other part and shall be read with and into the

contract so far as it may be practicable to do so.

2.2.8 Where any portion of the General Conditions of the contract is repugnant to or at

variance with any provisions of the Special Conditions of Contract, then, unless a

different intention appears, the provisions of Special Conditions of the contract shall

be deemed to over-ride the provision of the General Conditions of the Contract and

shall to the extent of such repugnancy or variations, prevail.

2.2.9 The materials, designs and workmanship etc. shall mean the relevant Indian Standards

and the job specifications contained herein and the Contractor shall, also satisfy codes

referred to in the contract and the additional requirements, if any.

2.2.10 No Director or official or employee of the Company shall in any way be personally

bound or liable for the acts or obligations of the Company under the contract or

answerable for any default or omissions in the observance or performance of any of

the acts, matters or things which are herein contained.

2.2.11 No verbal agreement or inference from conversation with any officer or employee of

the Company before, during or after the execution of the contract shall in any way

affect or modify the terms or obligations contained herein.

2.2.12 No amendments to the contract shall be valid unless specifically made in writing as an

amendment to the contract and signed by the authorized representative of the parties.

2.2.13 The meanings of word enclose/submission of any documents shall generally mean to

upload the attested scanned copy of the same on e-procurement site unless clearly

specified to send original document in physical form.


SECTION- I I I

INSTRUCTIONS TO THE TENDERER

3.1 TENDERER TO OBTAIN THE INFORMATION HIS OWN:

(i) Tender is to submitted online at https;//eproc.rajasthan.gov.in in

electronic form as prescribed in the tender form. Tender fees &

processing fees will not be refunded in any case.

(ii) The bidder should go through the website

https://eproc.rajasthan.gov.in& the link "help for contractors".

Information about DSC,"FAQs & the bidder manual kid” is to know the

process for submitting the electronic bids at web site. The complete bid

document has been published on the web site

https://eproc.rajasthan.gov.in for the purpose of downloading. The

uploaded bid document shall be considered valid for participation in the

bid process subject to submission of required cost of tender document e-

Tendering processing fee.

(iii) All communications/correspondences/documents including the bid

document should be physically signed, stamped on each page before

uploading & also signed digitally by the designated authorized

representative of the bidder.

(iv) A scanned copy of EMD, e-Tendering processing fee & cost of tender

document must be enclosed along with the technical bid proposal failing

which the bid will be summarily rejected.

(v) The demand draft towards the cost of tender document fees, earnest

money deposit & processing fees along with original affidavits as per

format of tender document should be kept in a sealed envelope

addressed to General Manager (Contracts), RSMML, Corporate office,

Udaipur. This envelope should be marked with NIT number & work,

name & address of the contractor; telephone no. etc. is to be written on

the top for clarity. This envelope should be submitted in the office the

General Manager (Contracts), RSMML, Corporate office, Udaipur on or

before the date & time as mentioned in the notice inviting tender. The

company shall not be responsible for any postal delay. In case of non

receipt of the same prior to the time of scheduled submission of the

tender, the offer of the tenderers shall be rejected.

(vi) The tenderer while quoting his rate shall, for all purpose whatsoever be,

deemed to have himself independently obtained all the relevant &

necessary information for the purpose of preparing his tender. The

correctness or completeness of the details, given in the tender documents

is not guaranteed. The tenderers are required to satisfy him in all respect

before the submission of offer.

(vii) The tenderers shall be deemed to, have thoroughly examined the tender

document, have obtained his own information in all matter whatsoever

that might affect the carrying out of the works at the scheduled rates &

have satisfied himself to the sufficiency of his tender. Any error in

description or quantity or omission in the contract document shall not

vitiate the contract or release the contractor from executing the work

comprised in the contract according to specifications at the scheduled

rates. The tenderers are deemed to know the scope, nature & magnitude

of the works & requirement of the materials, lubricant & oil & its

storage equipments, tools & labour involved, wage structures, conditions

of the service of the company's staff/ workmen doing similar & same

type of work etc & as to what all works he has to complete in

accordance with the contract document irrespective of any defect,

https://eproc.rajastha.gov.in/

https://eproc.rajastha.gov.in/


omissions or errors that may be found in the contract documents. The

contractor shall be deemed to have visited site, availability of water,

electric power, labour etc, transportation & communication facilities,

probable sites for labour accommodation & store go-downs etc & all

other factors involved in the execution of works.

(viii) All the provisions of Rajasthan Transparency in Public Procurement Act

2012 & rules made there under & modification to be issued by the

competent authority from time to time will automatically be ipso-facto

applicable.

3.2 TENDER PROCEDURE:

(i) e-Tender portal https;//eproc.rajasthan.gov.in shall be used for all

procedure related to the bidding.

(ii) The prospective bidders should register themselves in the e-tender portal

& submit the bid electronically through the e-tender portal.

(iii) The bidders are requested to download the e-tender help manual & user

manuals from the portal for reference.

(iv) It is mandatory for the bidders to possess a Valid Digital Signature

Certificate to complete the e-tender Bid process as per the provision of

Government of India IT Act.

(v) The technical bid form & price bid form will be available in prescribed

format for down loading. The registered bidders can log into the e-

Tender system & download the bid forms.

(vi) The bid form/s should be filled & submit using the Digital Signature

Certificate. The supporting documents as required in support of tender

should be scanned & uploaded in the e-Tender system.

(vii) The bid form should be not change or altered or tampered by the bidder.

If the bid form found tampered, the bids will be summarily rejected.

3.3 TENDER DOCUMENT FEES:

The tender document fees as mentioned in the NIT shall be paid by way of

Demand Draft in favour of RSMML payable at Udaipur.

3.4 e-TENDERING PROCESSING CHARGES:

For each & every bid submitted a non-refundable processing charge Rs.1,000/-

should be paid by way of Demand Draft or Banker's Cheque drawn in favour

of "MD RISL "payable at Jaipur. The payment by way of Demand Draft or

Banker's Cheque should be deposited physically at office of GM (Contracts),

RSMML, Corporate office, 4, Meera Marg, Udaipur, Rajasthan-313001 on or

before the date & time of submission of the tender.

3.5 ONE BID PER TENDERER:

Each tenderer shall submit only one tender, either individually or as a

partnership firm or a private/public limited company or a co-operative society

or JV/consortium.

3.6 COST OF BIDDING:

The tenderer shall bear all costs associated with the preparation and submission

of his offer, and the company will in no case be responsible or liable for those

costs, under any conditions.


3.7 GENERAL INSTRUCTIONS FOR FILLING THE TENDER:

(i) All uploaded document shall be digitally signed by the tenderer or by a

person holding power of attorney authorizing him/her to sign on behalf

of tenderer before submission of the tender.

(ii) Tender in which any of the particulars & prescribed information is

missing or incomplete in any respect &/or prescribed conditions are not

fulfilled may be liable for rejection.

(iii) Canvassing in connection with tenders is strictly prohibited for tenderer

submitted by the tenderers, who resort to canvassing, will be liable for

rejection.

(iv) Tenderers, in their own interest are advised to read the tender document

completely & carefully, to avoid submission of incomplete bid. Tender,

in which any of the particulars & prescribed information is missing or

incomplete in any respect &/or prescribed conditions are not fulfilled are

liable for rejection, at the sole discretion of the company.

(v) The company takes no responsibility for delay, loss or non-receipt of

required document sent through post/courier service. Offers through any

other mode other than prescribed shall not be accepted.

3.8 CLARIFICATIONS OF CONTENTS OF TENDER DOCUMENT:

(i) In case an intending tenderer require any clarification in connection

with, or any point covered by, the tender documents, or as to any matter

or work to be done or not to be done by him in the event the contract for

the work is awarded to him, he must submit a request for such

clarification in writing so as to reach the company at least seven days in

advance of the last date fixed for submission of tender. Copies of any

such clarifications furnished by the company will be supplied to all other

intending tenderer and such clarifications will constitute

addenda/corrigenda to, and be read as part of the tender documents.

(ii) The company will not be bound by any verbal/oral clarification or

interpretation of the tender document or of any matter(s) connected with

works to be executed in accordance with the tender documents, which

may be made by any of its employee, representatives or agent.

(iii) Any neglect or failure on the part of the tenderer in obtaining necessary

and reliable information upon the foregoing or any other matters

affecting the contract shall not relieve him from any risks or liabilities or

the responsibility from completion of the works at the scheduled rate/s

& time and in strict accordance with the contract document/s.

3.9 ADDENDA/CORRIGENDA:

(i) Addenda/corrigenda to Notice Inviting Tender or to this tender

document may be issued to clarify documents or to reflect modification

in the specifications or terms & conditions or scope of work of the

tender documents etc.

(ii) Addenda/corrigenda to these tender documents, if issued by the

company, shall form an integral part of this tender document and must

be signed and submitted along with the tender document.

3.10 CURRENCIES OF THE BID AND PAYMENT:

The unit rates and prices shall be quoted by the tenderer entirely in Indian

Rupees.


3.11 SUBMISSION OF TENDERS:

The tenders shall be submitted online as prescribed above in the tender

document. The "Techno-Commercial Bid" should contain the following;

a) Complete set of tender document duly sealed & signed on each page by

the tenderer as in token of acceptance of terms & conditions of this

tender.

b) Letter of submission of tender as per Form-1.

c) Power of Attorney in favour of the authorized representative signing the

tenderers.

d) Earnest Money Deposit (EMD) in the manner as prescribed in the NIT.

e) Details of the tenderer in Form-2 along with proof of status of tenderer as

Individual Proprietary Firm, Partnership Firm, and Company etc. by way

of Registration Certificate /Memorandum & Article of Association

/Registration Dead etc. Partnership Deed duly attested by the Gazetted

Officer/Notary public.

f) Information regarding the site organization, giving details of field

management the tenderer proposes to have for this work in Form-6 as

enclosed in tender document.

g) Copy of PAN Card (Income Tax Number).

h) Copy of GST Registration number.

i) Attested copy of the Audited Balance Sheet for the financial years

prescribed in the tender document in support of the turnover.

j) Undertaking that no condition is mentioned in Part II i.e. „Price Bid‟ and

confirmation to the effect that the price quoted in Part II „Price Bid‟ of the

tender will be firm during contract period except variation as mentioned

in the tender document. Even if any condition/s, are mentioned those

would be ignored, at the risk & cost of the tenderer.

k) “Exceptions and Deviations as per tender conditions in Form-5 enclosed.

However it will be desirable that deviations are avoided as far as possible

& rate offer be made based upon the tender terms & conditions

.Exceptions & deviations made elsewhere in the offer shall be ignored.

l) Provident Fund Account Number of establishment and its effective date.

m) Duly filled Form 2 to Form 5 of tender document.

n) Undertaking /affidavit as per Annexure given in tender document.

(i) Tenderer must upload the documents duly attested by Gazetted

Officer/Notary Public/Magistrate in support of above required details and

any declaration given by the tenderer without requisite supportive

documents will not be considered. It may be noted that the bid shall be

examined on the basis of documents submitted, as per above required

details, furnished along with it. A tenderer shall be fully responsible for

consequences including rejection of his tender or cancellation of the

contract if the required attested documents/attested copies of documents

are not submitted along with the techno-commercial bid or any

information/document is found to be false / fabricated / misleading. The

authorized signatory of the tenderer should put his signature along with its

stamp on each page of the Techno-commercial bid and should also record

the date.


3.12 PART II „PRICE BID‟ (BOQ):

(i) The „Price Bid‟ shall be submitted on line in the prescribed BOQ format

only. It is suggested to the tenderer to carefully read the instructions

mentioned in the Performa at Form 7 & 8 for quoting the price offer.

(ii) The rates are to be quoted in Rupees as per the price format.

(iii) While quoting the price under this part, the tenderer shall specifically

confirm that the prices quoted are for the scope of work detailed in under

the head "Scope of Work" of Chapter-3 - Special Conditions of Contract

of the tender document.

3.13 Evaluation of price bid & criteria for deciding l-1:

The price bids of the techno-commercially acceptable tenderers will be

evaluated to ascertain the relative status with respect to overall contract

values for the total tendered quantity of Ore and Overburden removal,

collective overall amount (contract value) payable for total tendered quantity

of Ore and Overburden removal will be calculated on the basis of the

respective quantities & the respective quoted rates against the respective

items in the “BOQ1/Form 7”. The tenderer with the lowest grand total

amount for the total tendered quantity of Ore and overburden removal shall

be decided as the successful tenderer i.e. L-1 tenderer. The rate quoted in

Form 8 will not be considered for deciding L-1; however company shall

evaluate the rationality of the rate quoted in BOQ2/Form 8 which could

include matching of lowest rate quoted of this work by any other bidder.

3.14 NEGOTIATIONS

i) Negotiations may be conducted with the lowest tenderer only. In case of non-

satisfactory achievement of rates from lowest tenderer, RSMML may choose

to make a written counter offer to the lowest tenderer and if this is not

accepted, RSMML may decide to reject and re-invite fresh tenders or to

make the same counter-offer first to the second lowest tenderer, then to the

third lowest tenderer and so on in the order of initial bidding, and work order

be awarded to the tenderer who accepts the counter offer.

ii) In the case, when the quotations given by the tenderer during negotiations is

higher than the original quotation of the tenderer then the tenderer will be

bound by the lower rate originally quoted by the tenderer.

iii) In case of negotiations, representative of the tenderer attending negotiations

must posses written authority from the tenderer to the effect that he is

competent to modify/amend the submitted tender deviations and rates offered

by them.

3.15 DEADLINE FOR SUBMISSION OF BIDS:

The company may extend the deadline for submission of bids by issuing an

amendment, in which case all rights and obligations of the company and of the

tenderers, which were previously subjected to the original dead line, will then

be subjected to the new deadline.

3.16 LATE BIDS:

No bid will be accepted by the company after the deadline prescribed in NIT

due to any reason whatsoever.

3.17 PRE BID MEETING

i) RSMML proposes to hold a pre-bid meeting to clarify doubts and furnish

replies to the questions/ observations raised by the tenderers on this tender

document. The meeting will be held at Corporate office, Udaipur on

04.06.2019 at 11:00 AM .


ii) Tenderers are also advised to send their queries/clarifications in advance and

addressed to the Group General Manager SBU & PC- .Rock Phosphate

RSMML, so as to reach him at least seven (7) days before the scheduled date

of the pre bid meeting. A copy of this communication should also be endorsed

to the Group General Manager (Cont.), Corporate Office, RSMML, 4 Meera

Marg, Udaipur – 313001.

iii) Tenderers are advised to participate in the pre bid meeting in their own interest,

though it is not mandatory to do so. However the tenderers are requested to

confirm their participation

3.18 OPENING OF THE TENDER:

(i) The Techno-commercial Bid of the offer will be opened as per NIT.

(ii) If the date fixed for opening of tenders happens to be a holiday for any

reason, the tenders will be opened on the next working day at the same

time.

3.19 EXCEPTIONS AND DEVIATIONS:

Tenderers are advised to submit quotations based on the terms and conditions

and specifications contained in the tender document and not to stipulate any

deviations. Should it become necessary to take any exceptions &/or deviations,

then those be given in the Form-5 only. Deviations mentioned anywhere else

would plainly be ignored without any consequences. No exception & deviation

should be mentioned in price bid. The exceptions & deviations, if maintained

by the bidder & if in the opinion of the company, can be evaluated after

loading financial component on the price offered by the tenderer, the same

shall be evaluated at the sole discretion of the company .An exception or

deviation, if not acceptable to the company, can result into rejection of the

offer.

3.20 BID SECURITY / EARNEST MONEY DEPOSIT (EMD):

i. The tenderer must pay Earnest Money/Bid Security as detailed out in NIT

in the form of Crossed Demand Draft/Banker's Cheque/BG/RTGS in

favour of RSMML payable at Udaipur and drawn on any nationalized

bank and attach the same in original with the technical bid of the tenderer,

failing which the bid is liable to be rejected. In case the EMD is in the form

Bank Guarantee (BG) same should be as per the prescribed format of

RSMML annexed with the tender & having validity of six months (plus

grace period of 3 months) issued in favour of the company by any Public

sector bank (except SBI) /ICICI/ HDFC/ AXIS Bank having its branch

at Udaipur on non-judicial stamp paper of appropriate value under Indian

Stamp Act prevailing on the date of issuance of BG, No interest shall be

paid by the company on the earnest money so deposited by the tenderer.

ii. The bidder may also deposit the bid security by way of online transfer of

prescribed amount (as per DNIT) in the following bank account of the

company on or before the date and time as mentioned in the Notice Inviting

Tender.:

NAME : RAJASTHAN STATE MINES AND MINERALS LTD

BANK NAME: IDBI BANK

BRANCH: SAHELI MARG, UDAIPUR

ACCOUNT TYPE: CURRENT

ACCOUNT NO. 050102000002202


IFSC CODE: IBKL0000050

A copy of transaction details of transfer of fund shall be uploaded/

furnished by the bidder to the company with their bid.

iii. The earnest money of the tenders whose bid is not found to be acceptable

on the basis of pre-qualifying criteria and/or on evaluation of their techno-

commercial bids (or dis-qualified bidders) will be refunded at the earliest.

iv. The earnest money of the tenderer, who are technically successful but not

awarded the work, shall be refunded/returned after issuance of LOA to

successful tenderer and its acceptance by him or at expiry of the validity

period of this tender, whichever is earlier.

v. The earnest money deposited by the successful tenderer will be

refunded/returned after submission of SD.

vi. The earnest money of a tenderer shall be forfeited in the following cases;

a) If the tenderer at his own withdraws or modifies the offer after

submission of the tender.

b) If the tenderer does not submit the prescribed security deposit within

prescribed time frame but before release of first bill.

c) If the tenderer does not execute the agreement, in the prescribed form

within one month of the date of DLOA.

d) If it is established that the tenderer has submitted any wrong

information/ forged documents along with the tender or thereafter.

e) If the work is not commenced within the stipulated period.

3.21 VALIDITY:

(i) Tender submitted by tenderer shall remain valid for acceptance for a

period 120 days, from the date of opening of the tender (Part-I of the

offer). An offer with a validity period of less than 120 days is liable to

be rejected. The tenderer on its own shall not during this or in extended

period, revoke, cancel and/or withdraw his tender nor shall he make

any variation therein. In case of tenderer revoking, canceling,

modifying and/or withdrawing his bid during the validity of bid, the

earnest money deposited by him along with tender shall stand forfeited

& tender will not be considered for further evaluation.

(ii) In exceptional circumstances, prior to expiry of the original time limit,

the company may request the tenderer to extend period of validity for a

specified additional period. The request and the tenderer responses

shall be made in writing. A tenderer if agreeing to the request will not

be required or permitted to modify his bid.

3.22 EVALUTATION OF BIDS AND DETERMINATION OF

RESPONSIVENESS:

(i) Prior to the detailed evaluation of bids, the Company will determine

whether each bid;

a) Meets the eligibility criteria;

b) Has been properly signed, dated & sealed;

c) Is accompanied by the required securities; and

d) Is substantially responsive to the requirements of the bidding

documents.


(ii) A substantially responsive bid is one, which conforms to all the terms,

conditions and specification of the biding documents without material

deviation or reservations. A material deviation or reservation is one;

a) Which affects in any substantial way the scope, quality or performance

of the work; and /or

b) Which limits in any substantial way, inconsistent with the bidding

documents, the company‟s right or the bidder‟s obligation under the

contract; and /or

c) Whose rectification/acceptance would affect unfairly the competitive

position of the other bidders presenting substantially responsive bids.

3.23 EVALUATION OF TECHNO-COMMERCIAL BID:

(i) The Techno-commercial bids of substantially responsive tenderer will

be evaluated from all aspects. The RSMML reserves the right to assess

the capability and competency of the tenderer based upon the

information provided by the tenderer in the Techno-commercial bid

and the information that may otherwise be available to and/or gathered

by the RSMML.The decision of the RSMML as to which tenderer is

capable & competent to carry out the work shall be final. The tenderer

should, therefore, see that he has required level of technical, financial

& managerial competence & experience before submitting the tender.

(ii) If a bid is not substantially responsive, it may be rejected by the

company at its sole discretion.

(iii) The tenderer shall be prepared to furnish clarification/information and

attend meetings/discussion as required by the company from time to

time.

(iv) The price bid of only those bidders shall be opened who qualify in

technical bid.

(v) In the case, when the quotations given by the tenderer during

negotiation is higher than the original quotation of the tenderer, then

the tenderer will be bound by the lower rate originally quoted by the

tenderer.

(vi) In case of negotiations, representatives of the tenderer attending the

negotiations must possess written authority from the tenderer to the

effect that he is competent to modify/amend the submitted tender

deviations & rates offered by them.

3.24 CORRECTION OF ERRORS:

(i) Price Bid (Part–II) of substantially responsive will be checked by the

Company for any arithmetical errors. Errors will be corrected by the

Company as follows;

a) Where there is discrepancy between the amounts in figures and in

words, the lower of the two would be taken; and

b) Where there is a discrepancy between the unit rate and the line item,

total resulting from multiplying the unit rate by the quantity, the unit

rate as quoted will govern; and

c) Discrepancy in totaling or carry forward in the amount quoted by the

contractor shall be corrected. The tendered sum so corrected and

altered shall be substituted for the sum originally tendered and

considered for acceptance instead of original sum quoted by the

tenderer.


(ii) The amount stated in the bid will be adjusted by the company in

accordance with the above procedure for the correction of errors and,

shall be considered as binding upon the bidder.

3.25 PROCESS TO BE CONFIDENTIAL:

(i) Information, relating to the examination, clarification, evaluation and

comparison of bids and recommendations for the award of a

contract shall not be disclosed to the bidders or any other person not

officially concerned with such process. Any effort by a bidder to

influence the company‟s processing of bids or award decision may

result in rejection of his bid.

(ii) The tenderer may note that indulgence in submitting unsolicited offers

or submitting unsolicited correspondence after submission of bid is

liable to debar him from participating in RSMML tenders.

3.26 NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT:

(i) The tenderer, whose bid has been accepted, will be notified of the

award by the company, through postal communication or through

facsimile confirmed by registered letter/speed post/E-mail/Fax. This

letter (hereinafter and in Conditions of Contract called the “Letter

of Acceptance”) will state the sum unit that the company will pay to

the contractor in consideration of the execution and completion of the

works by the contractor as prescribed in the contract (hereinafter and in

the Contract called “the Contract Price”).

(ii) The notification of award will constitute the formation of contract. The

execution of agreement as per clauses below would be the

formalization of agreement that was commenced with the issuance of

DLOA.

3.27 INTERFERENCE WITH PROCUREMENT PROCESS:

In case the bidder;

a) Withdraws from the procurement process after opening of financial

bid,

b) Withdraws from the procurement process after being declared the

successful bidder,

c) Fails to enter procurement contract after being declared the successful

bidder,

d) Fails to provide performance security or any other document or

security required in terms of the bidder documents after being declared

the successful bidder without valid ground.

shall, in addition to the recourse available in the biding documents or the

contract be punished under RTPP Act,2012 with fine which may extent to fifty

Lac rupees or ten percent of the assessed value of procurement, whichever is

less.

3.28 SIGNING OF THE CONTRACT AGREEMENT:

(i) The successful tenderer shall be required to execute an agreement with

the company on non-judicial stamp paper of appropriate value

(prevailing under Indian Stamp Act on the date of signing of

agreement) within 30 days from the date of issuance of DLOA but


before the commencement of work. The cost of execution of

agreement including non-judicial stamp paper shall be borne by the

contractor.

(ii) The contract agreement shall consist of (1) an agreement on non-

judicial stamp paper of appropriate value, (2) tender document, along

with the addend/corrigenda, if any (3) Letter of Acceptance &/or

Detailed Letter of Acceptance (4) Agreed variations, if any & (5) any

other document as mutually agreed.


3.29 RIGHTS OF COMPANY:

(i) The Company reserves the right;

a) To reject any or all the tenders, in part or in full, without assigning any

reason, there to,

b) Not to accept the lowest tender or assign reasons for not accepting the

lowest tender.

c) To increase / decrease the quantity and period of contract.

d) Not to carry out any part of work.

e) To reject the offer, if is established that the tenderer has submitted any

wrong/misleading information and forged documents along with offer

or thereafter.

(ii) The company may exercise any of the above right at any time prior to

the award of contract, without thereby incurring any liability to the

affected bidder or bidders or any obligation to inform the affected

bidder or bidders of the grounds for the RSMML‟s action.

3.30 REFUSAL / FAILURE:

In the event the tenderer, after the issue of communication of acceptance of

tender by the company (DLOA), fails/refuses to accept the award and/or

commence execution of the work as herein before, the tenderer shall be

deemed to have abandoned the contract and such an act shall amount to and be

construed as the contractor‟s calculated and willful breach of contract, and in

such an event the company shall have full right to claim

damages/compensation thereof in addition to the forfeiture of Earnest

Money/Security Deposit.


SECTION- IV

GENERAL CONDITIONS OF CONTRACT (GCC)

4.1 INTERPRETATION OF CONTRACT DOCUMENT

4.1.1 Except if and to the extent otherwise provided by the contract, the provisions of

the general conditions of the contract and special conditions of the contract

shall prevail over those of any other documents forming part of the contract.

4.1.2 Several clauses and documents forming the contract are to be taken as mutually

explanatory. Should there be any discrepancy, inconsistency, error or omission

in the contract or for any of the matter/s, the same shall be referred to in writing

by the Contractor to the Head of Phosphate Division of the Company whose

interpretation/s, decision in writing shall be conclusive, final and binding on

the Contractor.

4.1.3 In case of any inconsistency or contradiction between the provisions of General

Conditions of Contract and Special Conditions of Contract, the Special

Conditions of Contract shall prevail unless and until provided otherwise.

4.2 SECURITY DEPOSIT

4.2.1 The successful tenderer shall furnish a Security Deposit equal to 10% of total

contract value. Total contract value will be calculated on the basis of the

contract rate of remuneration payable to the contractor and awarded quantity

for the total period of the contract.

4.2.2 The tenderer shall furnish Security deposit through Banker's cheque/demand

draft/ Bank Guarantee (B.G.) in favour of the Rajasthan State Mines &

Minerals Limited, Udaipur within 30 days of the issuance of DLOA. The Bank

Guarantee shall be provided in the approved format of the company issued by

all public sector banks (except SBI), ICICI Bank, HDFC Bank & Axis Bank

having its branch at Udaipur on non-judicial stamp paper of appropriate value

under Indian Stamp Act prevailing on the date of issuance of BG. Initially the

BG shall be valid at least for a period of 02 years, thereafter the contractor

shall renew it every year two month in advance before expiry of BG during

entire contract period including extension plus grace period of 6 months

failing which BG will be invoked by the Company. In case of invoking the

BG, the amount shall have to be paid by the Bank having its branch at

Udaipur.

4.2.3 The tenderer may also opt to furnish Bank Guarantee (B.G.) as

above/DD/Banker's cheque amounting to 5% of the value of contract within 30

days of the issuance of DLOA. The BG shall be valid for total contract period

plus grace period of 6(six) months beyond the Contract period. In such option,

balance security deposit of 5% of contract value will be deducted from the

running bills of the contractor during the contractual period in 30 installments.

4.2.4 The entire Security Deposit shall be refunded after six months of the expiry of

contract, provided always that the Contractor has been first paid all the bills

including his final bill subject to deductions as are permissible under these

terms and all other dues to the Company arising out of this contract, if any,

have been fully met by the Contractor and the Contractor has rendered "No

claim and No Dues Certificate" to the Company.

4.2.5 The Security Deposit shall be liable to be forfeited wholly or partly at the sole

discretion of the Company, should the Contractor either fail to fulfill the

contractual obligations or fail to settle in full, his dues to the Company. In case

of premature termination of the contract, the Security Deposit will be forfeited

and the Company will be at liberty to recover the loss suffered by it from the


Contractor.

4.2.6 The Company may deduct from the Security Deposit any sum due and any

other sum that may be fixed up by the Company as being the amount of loss or

losses or damages suffered by it due to delay in performance and/or non-

performance and/or partial performance of any of the terms of the contract.

4.2.7 All compensation or other sums of money payable by the Contractor to the

Company or recoveries to be made under the terms of this contract may be

deducted from any sums which may be due to the Contractor from the

Company on any account and in the event of the such amount being

insufficient the Contractor shall within ten days of such shortfall make good in

cash, failing which the balance amount shall be recovered by way of invoking

the bank guarantee furnished as security.

4.2.8 In the event of bank guarantee amount being insufficient, then the balance

recoverable amount shall be deducted from any sum, then due or which at any

time thereafter may become due to the contractor. The Contractor shall pay to

the company on demand any balance remaining due.

4.2.9 In case the Bank Guarantee is invoked for any reason/s, the contractor is

required to furnish a fresh Bank Guarantee in the same format for the same

amount and for the same period as the original Bank Guarantee within a period

of 30 days from the date of invoking of original Bank Guarantee.

4.2.10 In the event of security amount at any time during the currency of the contract

falling short of the specified amount, the Contractor shall forth with make good

the deficit on demand, so that the total amounts of Security Deposit will not at

any time be less than the amount so specified. The Company may recover the

same by way of additional deductions from bills.

4.2.11 No interest is payable on Security deposit amount.

4.2.12 In case of enhancement of quantum of work, due to any reason, the contractor

shall furnish additional security amount. This security will be progressively

recovered from the payment due to the contractor.

4.3 PROVIDENT FUND

4.3.1 The contractor shall be wholly responsible for complying with the fulfillments

of the provisions of the Employees Provident Fund and Miscellaneous

provisions Act, 1952 including subsequent amendments & notifications, in

respect of the employees engaged for the work.

4.3.2 The Contractor shall have to get himself registered (if not already registered)

with the Regional Provident Fund Commissioner (RPFC) under the Employees

Provident Fund and Miscellaneous Provisions Act, 1952. Tenderer is required

to submit the copy of the PF Registration Number received from RPFC office

before starting the work, failing which the contract is liable to be terminated.

4.3.3 However, each running account bill must be submitted alongwith the name of

the labour/employee deployed for the work, salaries paid to them, amount of

PF deducted from salaries of the labour/employees and employer's

contribution, amount deposited in RPFC office against each labour name and

copy of the challan for the amount deposited in RPFC office till previous

month, failing which no payment will be made for Running Account bill

submitted by the contractor to the Engineer-In-Charge.

4.3.4 Alternatively, if the intimation of remittance of PF dues is not received by the

company every month then the Engineer-In-Charge shall be authorised to

deduct a lump sum amount @ 10% of the bill amount on account of PF. which

shall either be refunded to the contractor on its furnishing proof that contractor

has deposited the required amount of PF along with the employer's contribution


or shall be retained by the RSMML for payment to the Provident Fund

commissioner on its demand, as and when made, under intimation to the

contractor.

4.3.5 Payment due to the contractor shall be made after verifying the copy of ECR &

payment challan received from contractor through the EPFO website.

4.4 SUB-LETING OF WORK:

The whole of the work included in the contract shall be executed by the

contractor alone and the contractor shall not directly or indirectly transfer,

assign, under-let or sublet the contract or any part thereof or interest therein

without prior written permission and doing so shall render the contract to be

terminated on risk and cost of the contractor.

4.5 DRAWINGS AND SPECIFICATIONS

Wherever it is mentioned in specifications /drawing/other documents or

instructions that the contractor shall perform certain work and/or provide

certain facilities, it is understood that the contractor shall do so at his own cost.

4.6 PATENTS/COPY RIGHT/TRADE MARK

Contractor shall indemnify and keep indemnified the Company including its

employees and authorised agents/representatives and its successors shall hold

them harmless from any and all loss, damage, liability costs of litigation

counsel fees and other expenses arising out of any claim or suit for alleged

infringement of patents, copyright trademarks or trade names or brand relating

to any of the stores, material or equipment described in the contract or for the

use or resale thereof, and contractor agrees to assume the defense of any and all

such suits and to pay any and all costs and expenses incidental thereto and any

judgment awarded thereon.

4.7 IMPORT LICENCE/FOREIGN EXCHANGE

If any item is required to be imported for the execution of contract, same shall

be arranged by the Contractor at its own cost.

4.8 CONTRACTOR TO BE LIABLE FOR ALL PAYMENT TO HIS

WORKERS /EMPLOYEES

4.8.1 The contractor shall be liable for payment of all wages and other benefits, such

as leave with wages, contributory provident fund, bonus, free medical aid etc.,

to his employees and labour as per the statutory requirements as in force or,

may be applicable from time to time during the currency of the contract.

4.8.2 The contractor shall bear all liabilities for employee and labour employed or

retained by him as regards to their employment, litigation and any other action

arising out of operation of this contract or at the termination/completion of this

contract.

4.8.3 The company shall not pay any additional amount on any such account. The

only remuneration payable to the contractor by the company will be on the

basis of accepted rates and work executed thereof.

4.9 STATUTORY OBLIGATIONS:

The Contractor shall be responsible for the deposition of any and all

contributions, duties, levies and taxes etc. payable now or hereinafter to be

imposed by the Central or State Government authorities, for execution of the


works under the contract. The Contractor shall also be responsible for full

compliance with all obligations and restrictions imposed by the labour law or

any other law affecting employer-employee relationship and the Contractor

further agrees to comply and to secure the compliance by all his sub-

contractor/s, if any, with all applicable Central, State, Municipal and local laws

and regulations and requirements, of any Central, State or Local Govt. agency

or authority. Contractor further agrees at his cost to defend, indemnify and hold

company harmless and indemnified from all or any liability or penalty which

may be imposed by the Central, State or Local authorities, including

Directorate General of Mines' Safety etc or any other civil or criminal court,

tribunals by reason of any violation by contractor or his sub-contractor/s of

such laws, regulations or requirements and also from all claims, suits, or

proceedings that may be brought against the Company arising under or out of

or by reasons whatsoever work provided for by this contract, by third parties,

or by Central or State Govt. authorities or any administrative or quasi judicial

tribunal.

4.10 TAXES

4.10.1 The rate quoted by bidder will be exclusive of Goods and Service Tax (GST).

However the rates will be inclusive of any other levies and duties as applicable

on this contract (up to last date of submission of the bid).

4.10.2 The rates quoted shall be on “firm price” basis during the pendency of the

contract period and the contractor shall not be eligible for any escalation

(except as mentioned in the tender document) in the rates on what so ever

ground.

4.10.3 Timely deposition of GST and filing of requisite tax returns of relevant period

would be the sole responsibility of the contractor. The contractor will also

ensure that necessary credit on this account is available to RSMMML in the

next month. In case of any discrepancy, where credit is not available to

RSMML, then company is free to deduct/ recover/ retain such amount from

the bills of contractor or any other amount due to him/or from security deposit,

as the case may be.

4.10.4 In case of reversal of input tax credit (ITC), imposition of penalty on account

of payment of GST and default in filing of returns toward the payment for the

work, contractor is liable to pay all such dues to the company, failing which

RSMML is free to deduct/recover/retain such amount from the bills of

contractor or any other amount due to him/or from security deposit, as the case

may be.

4.10.5 If GST is made applicable on price of diesel by Government in future, the

diesel escalation shall be calculated on the rates to be arrived at, keeping in

view of tax variation clause as mentioned in the tender and provision of

notification on applicability of GST on diesel as published by the Government

including input tax credit, if any.

4.10.6 Further, the contractor shall submit an undertaking with monthly bills bearing

GSTIN and HSN/SAC code that total GST has been deposited and returns have

been filed for relevant tax period.

4.11 Variation in statutory taxes, duties & levies:

4.11.1 Any fresh imposition/ withdrawal or variation in statutory duties, taxes or

levies made by statutory authorities after the last date of submission of bids,

will be reimbursed to contractor or recovered by the company, as the case may

be. The reimbursement to/recovery from the contractor will be made against

submission of supporting documents and for only such taxes/duties/levies that

are directly applicable to the contract and reflected in his running bills.


4.11.2 The company shall fully entitle to deduct income tax and /or any other levies at

sources as per the rules and instructions as may be applicable for this purpose

from time to time.

4.12 INDEMNITY

4.12.1 The Contractor shall at all times, indemnify and keep indemnified the

Company, including its employees, authorized agents and the Engineer-in-

Charge its successors from any and all liability for damages resulting from or

arising out of or in any way connected with the operation covered by the

contract and he shall make good all losses and damages arising there from. In

case the Company shall incur any cost or expenses or suffer any loss on

account of any claim demand or course of action brought against them and

arising out of the operations covered by the contract, the Company shall have

the power (without being bound to do so) to defend, contest or compromise any

such claim, demand or cause of action. Any amount that may become payable

by the Company and any cost, expense etc that may be incurred by the

Company in this behalf, shall also be recoverable from the Contractor.

4.12.2 All sums payable by way of compensation/s under any of these conditions shall

be considered as reasonable compensation to be applied to the use of the

Company without reference to the actual loss or damage sustained and whether

or not any damage shall have been sustained.

4.12.3 Contractor shall also keep indemnified the Company against all claims of its

staff under Industrial Disputes Act, Payment of Wages Act, and Mines Act and

other Acts/Rules applicable on the awarded work to the contractor.

4.13 WAIVER AND LIABILITY TO PAY COMPENSATION:

4.13.1 In any case in which any of the powers conferred upon the Company shall have

become exercisable and the same have not been exercised, the non-exercise

thereof shall not constitute a waiver of any of the conditions hereof and such

powers shall be exercisable in the event of any further case of default by the

Contractor, the contractor shall be liable to pay compensation amount to the

extent of the whole of his Security Deposit and the liability of the Contractor

for past and future compensation shall remain unaffected.

4.13.2 In the event the Company exercising the powers vested in it under the aforesaid

clause, it may, take possession of all or any tools and equipment, explosives,

materials and stores lying in or upon the works or the site thereof belonging to

the Contractor or procured by him and intended to be used for the execution of

the work or any part thereof the same be taken by paying reasonable

compensation as decided by Engineer-In-Charge, otherwise the Engineer-In-

Charge may give notice to the Contractor, requiring him/it to remove such

tools, equipment, materials or stores from the premises (within a time to be

specified in such notice), and in the event of the contractor failing to comply

with such requisition the Engineer-In-Charge may remove them at the

contractor's expenses or sell them by auction and/or private sale on account of

the contractor and at his/its risk in all respects without any future notice as to

the date, time or place of sale and the certificate of the Engineer-in-Charge as

to the expenses of any such removal and the amount of the proceeds and

expenses of any such sale shall be final, conclusive and binding on the

Contractor.

4.14 COMPANY NOT LIABLE TO PAY COMPENSATION:

The Contractor shall have no claim against the Company for any business loss,

idle charges, compensation upon failure, delay, omission etc. on the part of the


Company to carry out any or all the provisions of the contract for any reason

whatsoever. The Company's decision in the matter shall be final and binding on

the Contractor.

4.15 NO CLAIM IF WORK IS ABANDONED OR POSTPONED:

The Contractor have no claim, whatsoever against the Company if the work or

any part thereof covered by the contract is postponed to any later date and/or

withdrawn in part in the overall interest of the Company or for security or for

any other reason whatsoever The Company's decision in this regard shall be

final and binding on the Contractor.

4.16 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF

WORK:

If at any time after the commencement of the work the company shall for any

reason or under instructions of Directorate General of Mines Safety in case of

mining contracts or any other statutory authority for mining and other

contracts, whatsoever required not to do the whole work or part thereof as

specified in the schedule of work to be carried out, the Engineer-in-Charge

shall give notice in writing of the fact to the contractor, who shall have no

claim to any payment or compensation whatsoever on any account or profit or

compensation or advantage/s which he might have derived from the execution

of the work in full, but which he did not drive in consequences of the full

amount of the work not having been carried out, nor shall have any claim or

compensation by reason of any alterations having been made in the original

specifications, drawings, designs and instructions which shall involve any

curtailment of the work as originally contemplated.

4.17 PROTECTION OF WORK:

During the progress of the work the Contractor shall keep the premises

occupied by him in a neat and clean condition and free from accumulation of

rubbish. On the completion of any portion of the work, the Contractor shall

promptly remove all his equipment, temporary structures and surplus materials

not to be used at or near the same location during later stages of the work.

Upon completion of the work and before final payment is made, the Contractor

shall at his own cost and expense, satisfactorily dispose off or remove from the

vicinity of the work and from all other land made available to him by the

Company; all equipment, temporary structures, buildings, rubbish, unused

materials and any other items and materials etc. belonging to him and used

under his direction for the execution of the contract and shall leave the

premises in a neat and clean condition. In the event of his failure to do so, the

same may be removed and disposed off by the Company at the Contractor

expenses.

4.18 USE OF COMPLETED PORTIONS:

4.18.1 Whatever, in the opinion of the Company the work or any part thereof is in a

condition suitable for use and in the best interest of the Company requires use,

the company may take possession thereof, or use the work of such part thereof.

Prior to the date of final acceptance of work all necessary repairs and renewals

etc. in the work or part thereof shall be at the expenses of the Contractor.

4.18.2 All necessary repairs and renewals in the work or part there of shall be at the

expenses of the Contractor. The use by the Company of the work or part

thereof as contemplated in this clause shall in no case be construes upon


constituting acceptance of the work or any part thereof. Such use shall neither

relieve the Contractor of any of his responsibilities under the contract, nor act

as a waiver by the Company of the conditions thereof. However, if in the

opinion of the Company the use of the work or part thereof delays the

completion of the remaining of the work, the Company may grant such

extension of time as it may consider reasonable if so requested by the

Contractor. The decision of the Company in the matter shall be final and

binding on the Contractor. The Contractor shall not be entitled to claim any

damages, compensation on account of such use by the Company.

4.18.3 All the works shall be executed in strict conformity with the provisions of the

contract documents and with such explanatory detailed drawings, maps,

specifications and instructions as may be issued from time to time to the

contractor by the Engineer-inCharge whether specifically mentioned in the

contract or not. The contractor shall be responsible for ensuring that works

throughout are executed in most substantial, proper and workmanship like

manner with the quality of material and workmanship in strict conformity with

the specifications, drawings, time schedule, sequence of operation etc. and to

the entire satisfaction of the Engineer-in-Charge. The work in the mining areas

shall be done strictly in accordance with the provisions of Mines Act 1952,

Metalliferous Mines Regulations 1961 and directives issued from time to time

by the Directorate General of Mines Safety and/or other statutory authority.

4.19 COORDINATION AND INSPECTION OF WORK:

4.19.1 The co-ordination and inspection of the day to day work under the contract

shall be the responsibility of the Engineer-in-Charge. The written instructions

regarding any particular job will normally be issued by the Engineer-in-Charge

or his authorized representative. A register shall be maintained by the

Contractor in which the Engineer-In-Charge after inspection shall write the

instructions to be issued by the Engineer-In-Charge and these will be signed

immediately by the Contractor or his authorized representative by way of

acknowledgement.

4.19.2 In order to provide for the complete and proper co-ordination of all phases of

work the Contractor shall co-operate to the full extent with the other

contractors, working in the area and the departmental work of the Company

being executed in nearby areas of the mine. The Contractor shall confer with

Engineer-in-Charge regarding details, pertinent to phases of work which may

affect the work to be performed under the contract and shall so schedule and

carry out his work in such a manner as to avoid interference with the facilities

and the work of other contractor/s and departmental work of the Company.

4.20 WORK IN MONSOON:

The excavation work will entail working in the monsoon also. No extra rate

will be considered for such work in monsoon. During monsoon and other

period, it shall be the responsibility of the Contractor to keep the work site free

from water at his own cost. The contractor should plan the execution of work in

monsoon season, well in advance.

4.21 WORK ON WEEKLY DAY OF REST AND HOLIDAYS:

Contractor shall observe weekly day of rest on Monday or as declared by

company and entire mining operations (excavation, drilling etc.) will remain

stopped on weekly day of rest except maintenance and other emergency work.

Contractor shall also observe holidays as declared by company from time to

time and will make payment to his workers for such paid holidays.


Subject to the compliance of legal provisions, and conditions of service of

workmen for carrying out work on the weekly day of rest and holidays, the

Contractor will approach the Engineer-in-Charge or his representative and

obtain prior permission. No extra payment will be considered for working on

weekly day of rest and holidays.

4.22 OTHER CONDITIONS, OVERTIME ETC:

4.22.1 The working time at the site of work is 48 hours per week. Overtime work may

be permitted in case of need with the prior written approval of Engineer-in-

Charge and company will not compensate the same. Shift working 2 or 3 shifts

per day may be necessary and the Contractor should take this aspect into

consideration in formulating and quoting his rates. No extra claim will be

entertained by the Company on this account. Shift timing should be concurrent

with company shift timing i.e. shift “A” from 6 AM to 2 PM, shift “B” 2 PM to

10 PM and shift “C” from 10 PM to 6 AM. The contractor shall be responsible

for idle wages if payable to his workers.

4.22.2 The Contractor must arrange for the placement of his workers in such a way

that the delayed completion of the work or any part thereof for any reason

whatsoever will not affect their proper employment. The Company will not

entertain any claim for idle time payments whatsoever.

4.22.3 The provisions of Contract (R&A) Act 1970, Workman Compensation Act

1923 and Minimum Wages Act 1948 etc. should be kept in view, while

detailing matters like wages, working hours, overtime, Workers‟ compensation

settlement etc. The Compliance of the provisions of these and other applicable

acts and rules made thereof has to be ensured by the Contractor at his own cost.

4.23 MATERIALS TO BE SUPPLIED BY CONTRACTOR:

4.23.1 The Contractor shall procure and provide from his own source and at its own

cost of the materials, tools, tackles, equipment, stores materials etc. required

for the execution and completion of the works.

4.23.2 If, however, in the opinion of the Engineer-in-Charge the execution of the work

is likely to be affected/delayed due to the Contractor's inability to make

arrangements for supply of materials the Company shall have the right, at his

own discretion, to arrange such materials from the market or elsewhere and the

Contractor will be bound to pay for such materials to the Company at work site

on issue rates plus 10 (ten) percent as storage, supervision charges thereon or at

such market rates as may be decided by the Company whichever is higher.

This, however, does not in any way absolve, the Contractor from his/its

responsibility of making of his own independent arrangements for the supply

of such materials in part or in full. This shall in no way affect the time schedule

or cause delay in the execution of the works. The Contractor shall provide all

necessary materials, equipment and labour etc for the execution and

maintenance of the works until final completion thereof.

4.24 STORES OTHER THEN EXPLOSIVES SUPPLIED BY THE COMPANY

Subject to availability and on request of the Contractor, stores and materials

etc, may be supplied to the contractor by the company at its own discretion and

convenience and the cost of such supply will be debited to the Contractor's

account at the rates to be determined by the Company from time to time. Over

and above the cost of store items as aforesaid, 10% of the value of store issued

shall also be recovered from the Contractor as handling charges. Materials

supplied by the Company shall not be utilized for any other purpose/s other

than that for which the same are issued. The Contractor shall bear all charges of


the stores and shall be responsible for safe custody of materials at site after this

have been issued to them.

4.25 DISCREPANCIES BETWEEN INSTRUCTIONS:

Should any discrepancy occur between the various instructions furnished to the

Contractor, his agents or staff or any doubt arising as to the meaning of any

instructions or should there be any misunderstanding between the Contractor's

staff, the Contractor shall refer the matter immediately in writing to the

Engineer-in-Charge whose decision thereon shall be final and conclusive and

no claim for losses alleged to have been caused by such discrepancies shall in

any case be admissible.

4.26 INSPECTION OF WORKS:

The Engineer-in-Charge or his authorized representative will have full powers

and authority to inspect the works in progress at any time and the Contractor

shall afford or procure for the Engineer-in-Charge/Engineer every facility and

assistance, to carry out such inspections. The Contractor shall, at all time

during the usual working hours and at all other times of which reasonable

notice of the intention of the Engineer-in-Charge or his representative to visit

the works shall have been given to the Contractor, whether himself be present

to receive orders and instructions or have a responsible authorize representative

duly accredited in writing present for the purpose. Orders given to the

Contractor's authorize representative shall be considered to have the same force

as if they had been given to the Contractor himself/itself.

4.27 ASSISTANCE TO THE ENGINEERS:

The Contractor shall make available to the Engineer-in-Charge free of cost all

necessary instruments and assistance in checking of, setting out of works, and

in the checking of any works made/done by the Contractor for the purpose of

setting out and taking measurements of works.

4.28 CONTRACTOR'S OFFICE AT SITE:

The Contractor shall provide and maintain an office at the site. Such office

shall be opened during working hours/at all reasonable hours to receive

instructions, notices and/or other communications etc, on its behalf from the

Company.

4.29 SAFETY, SANITARY & MEDICAL FACILITIES:

4.29.1 The Contractor and/or his sub-contractor and their employees, at Contractor's

cost, shall fully comply with the safety rules, regulations or statutory directions

and provide sanitary and medical facilities, prescribed by law or as may from

time to time be prescribed by the Engineer-in-Charge with the object of

securing the safety and health of the employees and the local community. In

case of violation or non-observance of any of the aforesaid provisions by the

Contractor the same shall be enforced by the Engineer-in-Charge at the

Contractor's expenses.

4.29.2 The Contractor shall be responsible for the safety and discipline of his

employees in all facets of the work and shall provide at his cost and enforce the

use of safety belts, safety boots, guards, helmets, goggles and other safety

devices etc that may be required by the Acts & Rules and regulations for the

time being in force, or will come in force during the pendency of contract.

4.29.3 The Contractor shall promptly and immediately report any serious accidents to


any of his employees to the Engineer-in-charge / Mines Manager and shall

make at his cost immediate arrangements to render all possible medical and

other assistance to such affected employees/persons.

4.29.4 All portions of the work shall be maintained in neat, clean and sanitary

condition at all times. The Contractor shall provide toilets for the use of the

employees at the work site at his cost.

4.29.5 First aid facilities and supplies as required by the rules for the time being in

force or will come in force in near future shall be kept on the work site by the

Contractor at his cost. Medical check-ups & Vocational Training of

employees/persons working with the contractor, as required under the rules,

shall be undertaken by the Contractor at his cost.

4.30 CONTRACTOR'S SUBORDINATE STAFF AND THEIR CONDUCT:

4.30.1 The contractor shall have the sole responsibility for supervision of the work by

qualified executives. The work shall be executed by the Contractor with

his/their best skill, attention and supervision. The Contractor shall also employ

and engage to the satisfaction of the Engineer-in-Charge sufficient and

qualified staff to execute and supervise the execution of the works, in such

manner as will ensure work of the best quality and expeditious working.

Whenever in the opinion of the Engineer-in-Charge additional and sufficiently

qualified supervisory staff is considered necessary, they shall be employed by

the Contractor without additional charge on account thereof. The Contractor

shall ensure to the satisfaction of the Engineer-in-Charge that sub-contractors,

if any, provide competent and efficient supervision, over the work entrusted to

them.

4.30.2 Whenever any of the Contractor's agents, sub-agents, assistants, foreman or

other employees shall in the opinion of the Engineer-in-Charge be found to be

guilty of any misconduct or be incompetent or insufficiently qualified or

negligent in the performance of their duties or that in the opinion of the

Company and/or the Engineer-in-Charge, it is undesirable for administrative or

any other reason for such person or persons to be employed on the works, the

Contractor, if so directed by the Engineer-in-Charge, shall at once remove such

person or persons from employment thereon. Any person or persons so

removed from the works shall be immediately replaced at the expenses of the

Contractor by a qualified and competent substitute. Should the Contractor be

requested to repatriate any person removed from the work, he shall do so and

shall bear all costs/compensation in connection therewith.

4.30.3 The Contractor shall be responsible for the proper conduct and behavior of all

the staff, foreman, workmen and others and shall exercise a proper degree of

control over them and in particular and without prejudice to the aforesaid

generally the Contractor shall be bound to prohibit and prevent any employees

from trespassing or acting any way detrimental or prejudicial to the interest of

the community or of the properties or occupiers of lands and properties in the

neighborhood and in the event of such employee so trespassing, the Contractor

shall be responsible thereof and relive the Company of all consequent claims or

actions for damages or injury or any other grounds, whatsoever.

4.31 DAMAGE TO PROPERTY:

The Contractor including his sub-contractor/s, if any, shall be responsible for

making good at his cost to the satisfaction of the Company any loss or any

damage to buildings, structures, equipment, installations, properties etc,

belonging to the Company or being executed or procured or being procured by

the Company or of other agencies within the premises of the Company, if such


losses or damages is due to fault and/or negligence or willful acts, omission,

and/or any other reason whatsoever of the Contractor and/or his sub-

contractor/s, their employees, agents, representative etc.

4.32 FIRE PREVENTION:

The Contractor shall take all reasonable precautions to prevent fire in the

vicinity of his/its operations, and shall be liable for all damage losses or injury

from fires directly or indirectly to his/its own operations or the activities of his

employees or his subcontractors or their employees or Company's operations or

its employees.

4.33 RIGHTS OF VARIOUS INTERESTS:

4.33.1 The Contractor shall co-operate and afford other contractors reasonable

opportunity of access to the works for the carriage and storage of materials and

execution of their works.

4.33.2 Whenever the work being done by any department of the Company or by other

Contractors employed by the Company is contingent upon work covered by

this contract, the respective rights of the various interest involved shall be

determined by the Engineer-in-Charge to secure the completion of the various

portions of the work in general harmony. The Contractor shall be bound by

such determination by the Engineer-in-Charge without any claim for any

additional payment, damages etc, whatsoever.

4.34 MATERIALS OBTAINED FROM DISMANTLING:

If the Contractor in the course of execution of the work is required or called

upon to dismantle any structure or part thereof, the materials obtained as a

result of such dismantling etc, will be considered as the Company's property

and will be properly handled, stored and stacked as per the direction of the

Engineer-in-Charge.

4.35 ARTICLES/MINERALS OF VALUE FOUND:

All ore or some mineral of value which may be found in, under or upon the

site, shall be the property of the Company and the Contractor shall duly

preserve the same to the satisfaction of the Engineer-in-Charge and shall from

time to time deliver the same to the Company at the places directed, without

any extra payment thereof.

4.36 POWER OF ENTRY

4.36.1 During execution of Contract, if in the opinion of Engineer-In-charge, it is

found that:

i.) Contractor has failed to execute the Contract in conformity with contract

document or

ii.) Contractor has substantially suspended work or the works for a continuous

period of 15 days without permission from the Engineer-In-Charge, or

iii.) Contractor has failed to carry on and execute the works to the satisfaction

of the Engineer In charge, or

iv.) Contractor has committed or suffered or permitted any other breach of any

of the provisions of the contract on his part to be performed. or

v.) Contractor has abandoned the works, or

vi.) Contractor during the continuance of the contract has becomes bankrupt.

4.36.2 Then in any of such events, the Company shall have the power to enter upon


the works and take possession of the materials, spares, equipment, tools and

stocks thereon, and to revoke the Contractor's permission to continue to

execute plan/work by his authorize representative. The Company shall then be

free to take appropriate action against the contractor as per provisions of

contract.

4.37 COMPANY MAY DO PART OF WORK:

Upon failure of the contractor which includes sub-contractor/s, if any, to

comply with any instructions given in accordance with the provision of the

contract, the Company retains the right instead of assuming charge of entire

work, to place additional labour force, tools, equipment and materials etc, on

such parts of the work, as the Company may decide/designate or also engage

another Contractor to carry out the work at the risk and cost of the Contractor.

In such cases, the Company shall deduct from the amount due or which

otherwise might become due to the Contractor, the cost of such work and

materials etc, plus fifteen percent additional charges thereon to cover all

departmental charges/expenses and the Contractor shall be bound by such

decision of the Company.

4.38 POWER TO ORDER SUSPENSION OF WORK:

The Company may, from time to time, by direction in writing and without in

any way invalidating the contract, order the contractor to suspend the work or

any part thereof at any time and for such times and for such reasons as he may

consider necessary. After such directions to suspend the work, or any part

thereof, has been given, the Contractor shall not proceed with the work or part

thereof directed to be suspended until he receives a written order from the

Company to so proceed. In the event of suspension exceeding three days the

Company may under the provision of the contract extend the time for

completion of work or part thereof by such time as it may find reasonable. The

decision of the Company in the matter shall be final and binding on the

Contractor. The Contractor shall not be entitled for any extra payment in case

of such suspension. The work of any other part thereof shall not be suspended

by the Contractor without prior knowledge and approval of the Company. If

the Contractor is compelled to suspend the work or any part thereof he should

report to the Engineer-in-Charge, furnish the reasons, necessitating such

suspension of work, and obtain prior approval. No extension of time shall be

granted to the contractor if he proposes to suspend the work or any part thereof,

on his own. In case such suspension is necessitated for reasons beyond control

and period of suspension becomes more than 3 months at a stretch then

Company may consider to make some adhoc/advance payment against the

work done. The quantum and mode of payment shall be mutually decided. It

will be however, sole discretion of company & will not be available as right of

the contractor.

4.39 LIENS:

If, at any time, there should be any lien or claim for which the company might

have become liable and which is chargeable to the Contractor, the Company

shall have the right to retain out of any payment then due or thereafter to

become due an amount sufficient to completely indemnify the Company may

pay and discharge the same by and payable to the Contractor. If any lien or

claim remains unsettled after all payments due to the Contractor are

appropriated on the account, the Contractor shall refund or pay to the Company

all moneys that the later may be compelled to pay in discharging of such lien or


claim including all costs and reasonable expenses thereof.

4.40 RIGHT OF WAY:

4.40.1 The right of way for the facilities to be constructed under the contract will be

provided by the Company. Nothing herein contained, however, and nothing

marked on the site plan shall be interpreted as giving the Contractor exclusive

occupancy of the territory provided.

4.40.2 When the work place of one contract is the necessary or convenient means of

access for the execution of another work such privilege may be granted by the

Engineer-in-Charge at his discretion for the other works to the extent and in the

manner as feasible. It shall not be objected by the contractor. No such decision,

as to the method or time of conducting the work or the use of territory shall be

made the basis of any claim for delay or damage or compensation.

4.41 CHANGE IN CONSTITUION:

The Contractor shall inform the Company before any change is made in the

constitution of the firm/company or induction or retirement of any of the

partners/directors at the earliest.

4.42 IF THE CONTRACTOR DIES:

Without prejudice to any of the rights or remedies under the contract if any of

the partners of the Contractor dies, the death of any partner shall not affect the

rights of the Company. However, the legal heirs of the deceased partner and

remaining partners shall continue to remain liable to the Company.

4.43 COMPLIANCE IN RESPECT OF VARIOUS ACTS

4.43.1 The Contractor shall at his own cost, observe, perform and comply with the

provisions of the Acts applicable during the execution of the Contract, and

Rules/Bye-laws framed there under as applicable to this work, including but

not limiting to the following and shall maintain such registers and documents,

as are required under the various statutes, for production of the same before the

Company and/or other Statutory Authorities prescribed in this behalf, as and

when required. Non-compliance of the provisions/stipulations of the those Acts

and rules made there under including the following will render the Contractor

liable to payment of necessary compensation/penalty, as deemed fit by the

Company:

i.) Contract Labour (Abolition & Regulations) Act 1970

ii.) Payment of Wages Act,1936

iii.) Employees' Provident Fund Act 1952 & Employees' Provident Fund

Scheme1952

iv.) Maternity Benefit Act.1961.

v.) Payment of Bonus Act 1965.

vi.) Mines Act 1952.

vii.) Payment of Workmen's Compensation Act 1923 Amended in 1984, 2000) .

viii.) Minimum Wages Act., 1948

ix.) Payment of Gratuity Act 1972.

x.) Forest Conservation Act, 1980

xi.) The Water (Prevention and control of Pollution) Act 1974 & The Air

(Prevention and control of Pollution) Act 1981 (amended 1987)

xii.) Mines Rules 1955

xiii.) Metalliferous Mines Regulations 1961

xiv.) Indian Explosives Act 1884 & Indian Explosives Rules 1983/2008.

xv.) Mines Vocational Training Rules 1966

xvi.) Mines & Minerals Development & Regulation Act 1957


xvii.) Mineral Concession Rules 1960

xviii.) Mineral Conservation & Development Rules 1988

xix.) Environment Protection Act 1986 and Environment Protection Rules 1986

xx.) Indian Forest Act 1927

xxi.) Fatal Accident Act,

xxii.) Motor Vehicles Act,1988,

xxiii.) Apprentice Act,

xxiv.) Industrial Dispute Act, 1947,

xxv.) Standing Orders Act, 1946.

xxvi.) Electricity Act, 1910 /2003

xxvii.) RTPP Act

4.43.2 It will be the sole responsibility of the Contractor to ensure all sorts of

payments to his workers and submissions of returns in time, as required by

various Statutory Authorities concerned. In case of default by the Contractor in

making statutory payments in time, the Company reserves the right to deduct

necessary amount from the Contractor's bills towards such payments without

prejudice to the rights & remedies of the Company.

4.43.3 The Contractor should obtain all requisite licenses as early as possible on

award of work and preferably prior to commencement of work so to avoid any

breach of law.

4.43.4 All persons other than his regular employees engaged by the Contractor in

connection with the performance of the contract shall be deemed as his

employees for purposes of payment/remuneration employees and no claim

shall lie against the company in respect of delay, deduction and non-payment

of wages and/or remuneration/compensation by the Contractor to them.

4.43.5 The contractor shall take all necessary steps and precautions to ensure that his

workers and employees (including deemed employees) engaged for the work

under the terms of the contract shall work within the mines in accordance with

the provisions of the Mines Act, 1952 and Rules and Regulations framed there

under and shall also maintain necessary records and registers as required under

these provisions and shall be responsible to the Engineer-in-Charge in this

regard. The contractor shall perform the work under this contract in accordance

with all applicable codes, statutory regulations and engineering/ mining

practices. The Contractor shall be required to ensure vocational training and

medical examination to his workmen should be completed before they are put

to work as required under Mines Vocational Training Rules, 1966 & Mines

Rules1955.

4.44 STATUTORY BUILDING:

The Contractor shall build as per approved plans and drawings at the approved

sites for first aid room and first aid station/rooms, latrines, urinals, crèche,

canteen etc, as required under various statutory provisions within one month

after the commencement of the work. If the aforesaid buildings are not

constructed within the stipulated time, the Company reserves the right to

withhold payment or part of the payment until buildings as mentioned above

are provided and the Contractor shall be bound by such decision of the

Company.

4.45 COMPENSATION AND LIABILITY:

4.45.1 Insurance shall be affected by the contractor at his cost for all the contractor's

employees and persons engaged in the performance of the contract. If any of

the work is sublet the contractor shall require the sub-contractor to provide for

workman's compensation and employer's liability insurance for the later's


employees if such employees are not covered under the Contractor's insurance.

4.45.2 In case of an accident in respect of which Workman's Compensation Act or

Motor Vehicles Act, Fatal Accident Act or Mines Act etc. applies it shall be

lawful for the Engineer-in-charge to retain money out of due and payable

amount to the contractor, such sum or sums of money as may in the opinion of

the Engineer-in-Charge shall be final in regard to all such matters arising under

this clause and the Contractor shall be bound by such decisions of the

Engineer-in-charge.

4.45.3 The Company shall not be liable for or in respect of any damages or

compensation payable as per law in respect of or in consequence of any

accident or injury to any workman or other person in the employment of the

contractor or any of his subcontractor or third party etc and the Contractor shall

indemnify and keep indemnified the Company against all such injury, damages

and compensation and against all claims, demands, proceedings, costs, charges

and expenses, whatsoever in respect of or in relation thereto.

4.46 INSURANCE

Under the insurance scheme, the contractor shall be required to get

comprehensive insurance plan, Universal Health Insurance policy for all the

persons engaged in work to meet the liability arising out of workman

compensation Act. Copy of insurance policy must be submitted to RSMML

for record. No amount shall be reimbursed by the company on this account.

4.47 LIABILITY FOR ACCIDENT TO PERSONS:

Besides the liabilities of the Contractor under the "Workmen's Compensation

Act", “Fatal Accident Act”, “Motor Vehicle Act”, "Mines Act" the following

shall also apply to the Contractor.

4.47.1 On the occurrence of any accident resulting in death or bodily injury to a

workman employed/engaged by the contractor, the Contractor shall be liable

for intimating within 8 (eight) hours of happening of such accident/s in writing

to the Engineer-in-Charge the fact of such accident, besides taking immediate

remedial measures. The Contractor shall indemnify the Company, against all

claims/compensation, loss or damage sustained by the Company resulting

directly or indirectly from his failure to give intimation in the matter aforesaid,

including the penalties or fines, if any, payable by the company as

consequences of workmen's Compensation Act, Fatal Accident Act, Motor

Vehicle Act, Mines Act or otherwise to conform to the provisions of the said

Act/s in regard to such accident.

4.48 FORCE MAJEURE:

Neither the Contractor nor the Company shall be considered to be in default in

the performance of their respective obligations under this contract or if such

performance is prevented or delayed because of the conditions constituting

force majeure which shall include but not limited to notice/s from the

Directorate of Mines Safety Office other Statutory Authority, Civil

Commotion, Fire accidents, epidemics, War, acts of God or because of any

law, order, proclamation or ordinance of any Government or any authority

thereof or forced stoppage of mining, loading operations, accumulation of

stock of mineral and for failure of transportation or for any other cause beyond

reasonable control of the party affected, provided notice of such cause is given

in writing by the party affected within 14 days of the happening of the event. In

case it is not possible to serve the said notice within the said period of 14 days

then within the shortest possible period. Power cuts/partial power


failure/interruption shall not be construed as force majeure for this purpose and

the same shall not affect in any way the performance of the Contract. As soon

as the cause of force majeure has been removed, the party whose ability to

perform its obligation has been affected shall notify the other of such cessation.

Should one or both the parties be prevented from fulfilling their contractual

obligations by state of force majeure lasting for a continuous period of three

months both the parties shall consult each other and decide about the future

course of action regarding the contract.

4.49 NOTICES:

4.49.1 SERVICE OF NOTICEON CONTRACTOR: Any notice hereunder may be

served on the Contractor or his/its duly authorized representative at the work

site or may be served by registered mail directly to the address furnished by the

Contractor. Proof of issue of any such notices shall be conclusive of the fact

that the Contractor having been duly informed of all contents therein. The

contractor shall furnish to the Company, the name, designation and addresses

of his /its project in-charge or his authorized representative at the work site and

at Udaipur.

4.49.2 SERVICE OF NOTICE AND COMMUNICATION WITH THE COMPANY

AND THE ENGINEER-IN-CHARGE: Notice and communication addressed

to the Company or the Engineer-in-Charge, as the case may be, shall be

deemed to have been duly delivered.

i.) In the case of the Company, if dispatched by registered AD/Speed post to

the Company's Group General Manager (RP) at Jhamarkotra Mines and

copy to authorized representative at the mines, and

ii.) In the case of the Engineer-In-charge, if dispatched or left at or posted to

the address of his/its authorized representative, in the case of posting on

the day on which they would have reached such address in the ordinary

course of business, and in other cases on the day on which they were

delivered to or left at such address.

4.49.3 Notice and communication addressed to the Company shall be valid only if

duly signed by the Contractor or his duly authorized partner or his project in-

charge or his authorized representative acting for him on his behalf.

4.50 TERMINATION:

4.50.1 If the Contractor fails to execute the work or any part thereof with such

diligence as will ensure its completion within the time specified in the contract,

or extension thereof, or fails to complete the said work within such time or fails

to perform any of his obligations under the contract or in any manner commits

a breach of any of the provision of the contract, it shall be open to the

Company in its option, by written notice to the contractor:

i.) To determine the contract; in which event the contract shall stand

terminated and shall cease to be in force and effect on and from the date

notified by the company in this behalf, whereupon the contractor shall stop

forthwith all or any of the contract work, then in progress and the Company

may on its part, may take over the work remaining incomplete by the

Contractor and the contractor and his sureties if any, shall be liable to the

company for any excess cost occasioned by such take over and completion

by the Company or by appointing any other agency over and above the

rates of remuneration payable under the contract.

ii.) Without determining the contract, to take over the work of the Contractor

or any part thereof and complete the same through any other agency at the

risk and cost of the Contractor and the Contractor, and his sureties shall be


liable to the company for any excess cost/additional cost occasioned by

such work having been so taken over and completed by the Company

and/or through any other agency over and above the remuneration payable

under the contract.

4.50.2 Before determining the contract, as aforesaid, and provided that, in the

judgment of the company the default or defaults committed by the Contractor

is or are curable or may be cured by the Contractor if any opportunity is given

to him to do so, the Company may, by notice, in writing, call upon the

Contractor to cure the default within such time as may be specified in the

notice.

4.50.3 In the event of the Company proceeding in the manner herein above

prescribed-

i.) The whole of the Security Deposit furnished by the Contractor or retained

by the Company shall be liable to be forfeited, without prejudice to the right

of the Company to recover from the Contractor, the excess cost referred to

aforesaid. The Company shall also have the right to take possession of the

sites for completing the work or any part thereof, with any or all such

materials, equipment, machinery, tools and tackles belonging to the

Contractor as may be deployed/used for the work & the contractor shall not

be entitled for any compensation for use of, damage to such materials,

equipment, plant.

ii.) The money that may have become due to the Contractor on account of work

executed by him/its already shall not be payable to him/its until after the

expiry of six calendar months reckoned from the date of determination of

contract or from the taking over of the work or part thereof by the company

as the case may be, during which period the responsibility for faulty

workmanship in respect of such work shall, under the contract rest

exclusively with the Contractor and shall be subject to deduction of all

amounts due from the Company to the Contractor, whether under the terms

of the contract or otherwise, authorized or required to be recovered or

retained by the Company.

4.50.4 The Company shall also have the right to proceed in the manner prescribed in

sub clauses above, in the event of the contractor abandoning the execution of

the contract work for a continuous period of one month, or becoming bankrupt

or insolvent, or compounding with his creditors or assignees the contract in

favour of his creditors or any other person or persons, or being a firm or a

corporation goes, into voluntary liquidation, provided that in the said event, it

shall not be necessary for the Company to give any prior notice to the

Contractor.

4.50.5 Termination of the contract as aforesaid shall not prejudice or affect the rights

of the Company which may have accrued upto the date of such termination.

4.51 DISPUTE, JURISDICTION

4.51.1 The place of the contract shall be Udaipur, Rajasthan. In cases of any

differences, the same shall be resolved by mutual discussions and agreement.

However the decision of the Company shall be final and binding.

4.51.2 No courts other than the courts located at district Udaipur, Rajasthan shall have

jurisdiction over any matter concerning any aspect of the work under this

tender.

4.51.3 The contractor shall not stop or abandon the work due to and during the

pendency of such disputes or differences.


SECTION- V

SPECIAL CONDITIONS OF CONTRACT (SCC)

5.0 APPLICABILITY

These terms and conditions are in addition to the General terms & conditions

specified in earlier Sections of this tender document. These special terms &

conditions as detailed in this section in the following clauses shall prevail

upon the General terms & conditions, should there be any discrepancy or

conflict or contradiction between the two.

CHAPTER 1 – SCC

SPECIAL INSTRUCTIONS FOR THE TENDERERS

5.1.1 INTRODUCTION

The Company is engaged in the mining, beneficiation, processing and

marketing of various minerals like Rock Phosphate, Limestone, Gypsum,

Lignite etc.

5.1.2 LOCATION AND ACCESSIBILITY OF SITE

The working site under the contract shall be within Jhamarkotra Rock

Phosphate Mine which is located near village Jhamarkotra, Tehsil Girwa in

Udaipur District, Rajasthan is being worked by M/s Rajasthan State Mines

and Minerals Limited (A Government of Rajasthan Enterprise). The area is

accessible through three nearby Railway Stations of North Western Railways

Viz. (1) Kharva Chanda (Southwest - 10Kms.), (2) Umra (Northwest - 18

Kms.) and (3) Udaipur. Kharva Chanda and Umra are lying on Udaipur-

Himmatnagar Railway Section. Udaipur Rly station is connected with Broad

Guage railway line with major cities. It is also connected by a tarred road to

Umra (18 Kms.) and Udaipur (26 Kms.) on State Highway. Jhamarkotra can

also be reached from Udaipur Airport (42 Kms.) on Bombay-Delhi Air route.

5.1.3 CLIMATE

The site climate is semi arid with temperature varying from 15 degree

centigrade in January to 40 degree centigrade in May. However, there are

wide fluctuations in the temperature. The maximum temperature rises as high

as 49 degree centigrade in summer and drops to 0.5 degree centigrade in

winter. The average rainfall is 638mm per year mostly restricted to 4 months

of June to September. Occasional scanty precipitation may be there during

winter season.

5.1.4 GEOLOGY & HYDROGEOLOGY

5.1.4.1 GEOLOGY

This area constitutes a part of Aravalli Super group comprising of meta-

sediments resting unconformably over Pre-Aravalli Banded gneissic complex

consisting of schists, gneisses and granites. The phosphate bed in this area

could be traced over a strike length of about 16 kms varying in surface width

from 40 meters to few centimeters. However, the average surface width is

about 15 meters. The phosphate bed shows large scale thickening and

thinning and often pinching out altogether to reappear after some distance.

The altitude of the beds includes the phosphate horizon in some places


changes sharply. The dip of the phosphate bed in general is around 40 degree

to 50 degree and at times attains verticality and even overturned. Generally

the phosphate bed is sandwiched in a carbonate sequence comprising of

lower and upper impure dolomitic limestone, which shows conspicuous and

considerable lateral and vertical faces variation.

For convenience of exploration, the entire phosphate body in the lease area

has been divided into a number of blocks designated as follows: A Extension,

A, B, C, D, E, F, G, and H. Blocks A, B, C, D, E & F contain about 94% of

the known estimated reserves of entire Jhamarkotra rock phosphate deposit.

5.1.5 SITE INFORMATION

5.1.5.1 The Company is presently carrying out mining at A-Extention,A, B, C, D, E,

F and G Blocks of the deposit. C, D and E are adjoining blocks and form

parts of one pit designated as Central Pit. A, B and A-Extension are adjoining

blocks forming parts of one single pit and designated as Western Pit. F and G

are adjoining blocks and form parts of one single pit designated as Eastern

Pit. An up-to-date Composite surface plan (i.e. updated as on Dec 2018) is

placed at Annexure 'G' showing location and mine working at various

Blocks, existing HGO crushing plant/s, LGO crushing plant, waste dumps

and other infrastructure/details.

5.1.5.2 Western Pit

The Western pit comprises of Block i.e. A-Extension, A & B. The Western

pit is falling in between section line from 1750E to 3050E and 4950N to

7500N. A-Extension, A & B Block are situated in proximity of village

Sameta. The location of village Sameta along with the area worked in A-

Extension, A & B block has also been shown on the composite surface plan

placed at Annexure 'G'.

(i) A-Extension Block: The area of A Extension Block having phosphorite

horizon extends over a strike length of about 1500 meter. Presently, the

top level of working in this block is 585 MRL & bottom is 500MRL.

The horizon strikes at about 200 Az and generally dips steeply eastward

at about 800. The Rock Phosphate of area A Extension represents the

western limb of the main Jhamarkotra syncline. Phosphate grades are

generally in 20 to 30% P205 range. The assay indicates a high R203

content due to alumina & iron enrichment of the clayey matrix; silica

content in the ore is also high. The wall rocks are typically cherty

dolomites & appear massive and competent.

(ii) A & B Block: RSMML has developed a mining plan that will allow for

the development of the A & B Block as a single Block. Presently, the

top level of working in this composite block is 585 MRL & bottom is

440MRL.The ore body dips are northward and generally varying from

450 to sub vertical. Phosphate grades in A Block are generally in the

12% to 30% P205 range. The High Grade ore of A Block are having

high R203 content due to alumna & iron enrichment. The B Block is

folded & faulted along area trending northward. The phosphorite

includes a zone of highly friable HGO. The majority of mineralization

in A & B Block is generally LGO. The work in A and B Block is

presently being carried out by existing contractor and its scheduled date

of completion is 02/11/2019.

5.1.5.3 Central Pit

The Central Pit comprises of blocks C, D, & E. The central pit is falling in

between section line from 2900E to 5900E and 4450N to 6000N.Mining

operations in these Blocks in hanging wall and footwall is in progress in


departmental as well as contractual workings. The location of village Sameta

along with the area has also been shown on the composite surface plan placed

at Annexure „G‟. Mining operations in Central Pit is presently being carried

out by existing contractor and its scheduled date of completion is 19/05/2021.

(i) C Block: The C Block is continuous with B Block to the western side

and D Block to its eastern side. The ore body dips are northward at

around 450. To the Western side of B block, the zone becomes sub-

vertical to overturn. Presently the work is in progress in the eastern part

of C Block at 420 MRL and above. The extreme western part of C

Block area mostly comprises of virgin topography.

(ii) D & E Block: Mineralization is largely HGO with lesser quantity of

LGO. The average width of ore bed is approximately 20m & dip is

around 500. Mining was started from the highest level i.e. 600MRL and

has reached up to the level of 400 MRL at present. Ore and overburden

mining from these Blocks are in progress by existing contractor and

also a part of overburden/waste removal in Hangwall and Footwall side

being carried out by the departmental mining.

5.1.5.3 EASTERN PIT

The Eastern Pit(comprises of Block F and G) means area between section

lines from 5500E to 7100E and 3750N to 4650N as delineated in the plan up

to the pit limit conforming to the specified configuration of benches. Mining

operations in eastern pit (FG Block) is presently being carried out by existing

contractor and its scheduled date of completion is 30/06/2019.

Govt. has granted NOC for entire Govt. land falling within lease hold area

and most of private lands falling within lease hold area has been acquired but

still at some pockets local villagers‟ are habitat on private and govt. land

within proposed area for dumping of waste/OB and SO. Contractor will be

required to make necessary working arrangements and assistance to the

company in amicably resolving local problems for smooth execution of work.

Company shall not entertain any claims of whatsoever nature and description

on this account.

(i) F Block: The ore in F Block is dipping 60°-70° N. Considerable

structural complexity exists here with bifurcations of the mineralized

zone. The hanging wall zone, outside the main ore zone is an area of

extensive brecciation and the dolomite is silicified (60-70% SiO2) and

remobilized from phosphate solutions to form secondary ore. This

secondary ore is mined selectively & separately from waste and stacked

at specified locations. Currently the Block bottom is at 420MRL. The

requisite quantity of higher grade secondary ore is also transported to

HGO/LGO crushing plant/s for blending.

(ii) G Block: G Block is situated towards east of Block F trending north -

south. The Rock Phosphate of area G Block represents the eastern limb

of the main Jhamarkotra syncline. There are two bands of Rock

Phosphate exposed in the G Block area. The main Rock Phosphate band

of the G Block area is an eastern extension of Block F that takes a sharp

turn towards north and extends north south. The amount of dip of this

band is 800 towards east. The width of the main band varies from two

meters to about fifteen meters. Phosphate grades are generally in the

20% to +33% P205 range. At the southern part of G Block the limb of

ore is extending towards east west and dip towards north the envisaged

(anticipated) dip and strike of this limb is approx 550 and 350

respectively.


5.1.5.5 Three separate contracts are in progress in different pits i.e. Western Pit (A

Extension, A & B Blocks), Central Pit (C,D &E Blocks) and Eastern pits (F

& G Blocks) and now company intends to award new contract for Eastern pit.

The contractor shall be required to take up work in these areas as per the

scope of work, schedules and specifications of the contract. The contractor

shall ensure that existing haul road/approach roads/ramps are not excavated

in course of their mining operations until an alternative haul road/s from ore

benches to crushing plant/s and from overburden benches to dumping yards

are made available to the contractor.

5.1.5.6 The following heavy earth moving equipment of the Company has been

deployed & working in the C, D & E Block on overburden.

Hydraulic Excavator 6.0 CuM : 03 No.

Blast Hole drills165-mm dia : 02 No.

Blast hole drill 216 mm dia : 03 No.

Toe Hole Drills 100 mm dia : 01 No.

Haulpak dumpers 85 MT pay load capacity. : 12 No.

5.1.6 PRE QUALIFICATION CRITERIA:

Tenderer shall be pre qualified on the basis of criteria mentioned below-

i) The annual turnover of bidder from any business should be atleast Rs 13.93 Crores,

during any of the four preceding financial years i.e., 2015-16, 2016-17, 2017-18 &

2018-19.

Tender is to be submitted online at https://eproc.rajasthan.gov.in electronic form

as prescribed in the tender. The tender fees & processing fees will not be

refunded in any case. The bidder should go through the website

https://eproc.rajasthan.gov.in& the link "help for contractors "," information

about DSC", FAQs & the bidder manual kit " to know the process for

submitting the electronic bids at website. The complete bid document has been

published on the website www.rsmm.com / eproc.rajasthan.gov.in& on

sppp.raj.nic.in for the purpose of downloading.

The uploaded bid document shall be considered valid for participation in the bid

process subject to submission of required cost of tender document, e-Tendering

processing fee, EMD etc. & the same shall be reached to the office of

undersigned on or before the time specified for online submission of tender.

In case the tenderer is a Company registered under the Companies Act, then the

turnover of the Company shall only be considered. Joint Ventures

(JV)/Consortium are also allowed to participate in this tender subject to the

condition that JV/Consortium members would be responsible jointly and/or

severally for the execution of the contract, other responsibilities and liabilities

arising under this contract.

Further, in such cases, the cumulative turnover of members of JV/Consortium

shall be considered in ascertaining eligibility of tenderer. In case of

JV/Consortium, the members of JV/Consortium shall nominate a representative,

which shall have the authority in the form of General Power of Attorney to sign

the uploaded documents digitally & to conduct all business for and on behalf of

JV/Consortium during the bidding process.

In the event, the bid of JV/Consortium is accepted, they will require to form a

registered Joint Venture Company/firm to execute the contract, as per the terms

of the tender document.

The tender shall be pre-qualified on the basis of documents furnished/uploaded

along with Techno-commercial bid in support of above. The decision of the

company will be final and binding in this regard. The company reserves its right


http://www.rsmm.com/



to call for any additional information so as to check the eligibility of the

tenderer.

Any person participating in the tendering process shall be subject to code of

integrity & disclose conflict of interest, as defined in the rule 80 & should not

have a conflict of the interest in the tender as stated in rule 81 of Rajasthan

Transparency in Public Procurement Rules, 2013 & in the tender document.

Appropriate action against such bidder in accordance with section 11 , chapter

IV and other relevant provisions of the RTPP Act, 2012 and rules made there

under shall be taken, if it is determined that a conflict of interest has flawed the

integrity of tendering process. Tenderer found to have a conflict of interest shall

be disqualified.

The tenderer has to deploy the requisite make & model of the equipment

required to perform the entire scope of work & compliance of the terms &

conditions of tender thereof & to achieve the production target, as given by the

company from time to time.

The price bid of only those bidders shall be opened who qualify in technical bid

as per criteria laid in tender & only qualified bidders will be informed about

price opening.

Offers furnished through any other mode shall not be considered. The Company

reserves the right to accept or reject/cancel any or all offers without assigning

any reason whatsoever. Also the company does not bind itself to accept the

lowest price offer. The Company shall not be responsible for any postal delay

or loss of offer.

The company may reject any tender based upon the past performance record of

the tenderer (or of the business firm, companies, concerns, societies with which

the tenderer are associated) with company. Even though the bidders meet the

above qualifying criteria, they are subject to be disqualified, if it is established

that tenderer has:

a) made misleading or false representation in the form(s), statement(s) and

attachment(s) submitted in proof of the prequalification requirements;

and/or

b) established from our records that the tenderer has poor performance by

way of abandoning the works, not completing the contract properly,

inordinate delays in completion, or financial failures etc.

5.1.7 Land, Water Supply and Power for Office etc.

5.1.7.1 Land for Contractor's Field Office, Go-Down, Workshop etc as per the Scope of

Work:

(i) The company shall at its own discretion and convenience will make

available land for temporary construction of contractor's field office,

go-downs, workshop, assembly yard for equipment etc. (as per

requirement in the scope of work) .The contractor shall at his/its own

cost construct all such temporary structures or buildings with suitable

water supply, electricity and sanitary provisions etc. in the place/s and

as per the plan/s approved by the Engineer in charge.

(ii) On completion of the entire contract work undertaken by the contractor,

such temporary structure/s equipment, installations, scrap etc shall be

removed by the contractor at his/its cost and site cleared as per the

directions of the Engineer in charge. If the contractor fails to comply

with such directions, the Engineer in charge may at the expense/s of the

contractor, will get removed all such works and dispose off the same in

such manner as he deems fit and get the site cleared. No claim,

whatsoever, in such circumstances on account of any damage, loss,


theft etc will be entertained.

(iii) The company reserves the right to ask the contractor at any time during

the pendency of the contract to vacate the land, site, temporary

buildings etc. by giving 30 days notice on security reasons or on

material interest by providing alternative site at the cost and risk of

Contractor. The company also reserves the right to take over the said

temporary structures/buildings in lieu of reasonable compensation, as

mutually settled.

(iv) Land for Residential Accommodation: Subject to the availability of

land for temporary construction of residential quarters/accommodation

etc. for staff and labour of the contractor, land will be provided near or

at the work site by the company to the contractor at the discretion of the

Engineer in charge. However, it will be the sole responsibility of the

contractor to make suitable arrangements at his/its cost for

accommodation for his/its own staff and labour as required under the

law for the time being in force.

(v) Residential/Official Accommodation: Subject to the availability of

accommodation in the residential colonies of company,

residential/official accommodation respectively, could be provided on

chargeable basis to the contractor at the discretion of the Engineer in

charge. However, it will be the sole responsibility of the contractor to

make suitable arrangements at his/its cost for accommodation for his/its

own staff and labour as required under the law.

5.1.7.2 Water Supply:

Contractor will have to make independent arrangements for supply of water

beyond the indicated source to its labour camps (if any) and working areas.

All storage arrangements, pumping installations, pipe network and

distribution system up to the end-use points, will have to be carried out by the

contractor at its own cost. In case, the indicated source of water belongs to

the Company, no cost of water shall be charged and shall be made available

at one point, otherwise the contractor shall have to arrange & bear the cost

whatsoever it may be.

5.1.7.3 Electric Power Supply (415 Volt AC):

Subject to the availability and directions of the Ajmer Vidyut Vitran Nigam

Ltd. (AVVNL) Electric power will be supplied to the contractor free of cost.

For Camp/Workshop:

(i) The Company shall provide one metered electrical tapping point up to

60KW load for the camp site, workshop etc. Company shall allow the

contractor to tap, distribute and use this power. Main Switches,

protection devices i.e. Earth leakage circuit breaker (ELCB), electrical

meter etc as required shall be provided by the contractor for this

purpose.

(ii) All electrical installations & wiring for electric lighting and power at

camp site shall be installed and maintained by the contractor. Electric

lights and power wires/cables shall be kept away as far as possible from

telephone or signal wiring or wires used for firing blasts.

For Illumination:

(iii) The company shall allow the contractor to tap, distribute and use power

for illumination only, in mines area, haul roads and OB/SO dump yards

from the company‟s existing installations. It will be the sole

responsibility of the contractor to arrange extension of the electrical

supply beyond the company‟s existing installations to mining area, haul

roads and OB/SO dump yards etc for illumination. All the items i.e.


poles, conductors, cables and other accessories required for extension of

electrical lines and illumination including light fitting such as LED

shall be procure & arranged by contractor at own cost and company

will not reimburse any expense incurred. However, on contractor‟s

written request and deposition of requisite charges in advance, company

may arrange for erection & dismantling of overhead lines on

availability of man and material.

(iv) Contractor will sole responsible for provided illumination as required

under provision of MMR 1961 at all working places including

workshop, working faces of HEMM, dumping places of OB/SO, Haul

roads operator cabin of HEMM etc. To achieve required illumination as

per the latest “standards of illumination in open cast metalliferous

mines” at working faces of HEMM and dump yards etc. diesel

generator operated mobile lighting towers will required to be procured

and installed by contractor for which he will not be entitled for any

reimbursement.

(v) If the Contractor fails to provide required sufficient illumination as per

the latest “standards of illumination in open cast metalliferous mines

within 3-months of date of award of contract, Company may make the

arrangements for the same at the risk and cost of contractor and

expenditure incurred shall be recovered from running bills of

contractor.

(vi) Contractor shall also provide lighting fitting on electrical poles already

exists in his working area (along haul roads/toward dumps/camp) and

replace the light fitting which in due course of time got fused or

damaged by mischievous peoples or became inefficient or out of order

whether it were belongs to RSMML or installed by contractor to

maintain proper illumination level. The contractor shall also be required

to provide security and properly maintain all electrical installations.

(vii) The contractor shall use energy efficient light fittings viz. LED, metal

halide and HPSV for the purpose of illumination in the working areas.

(viii) The contractor shall use only diesel operated mining equipment and no

electrically operated mining equipment for excavation, drilling etc shall

be permitted. Moreover non-availability or less than adequate supply of

power will not form any grounds whatsoever for disruption of work and

the Company shall not entertain any claim on that account. If at any

time during the currency of the contract, any illegal connection and/or

unauthorized connection is found, the contractor shall pay the penalty

as assessed by the Engineer-in-charge and will be final and binding to

the contractor.

(ix) Contractor shall ensure that all electrical works shall be carried out by

qualified electricians (ITI in electrical trade/ wireman license holder) in

the supervision of Electrical supervisor as per the provisions of

Electricity Act, rules and regulations made there under and as per plan

approved by the Engineer-in -charge.

(x) The contractor shall be entitled to remove the temporary wiring &

installations erected, provided by him after completion of the entire

contract work at his/their own cost. The electrical installations provided

by the company shall be deposited at the end of contract and contractor

shall have to obtain no due in this respect from the Engineer In Charge.

In case of any damage or loss to installations provided by the company,

the same shall be recovered from the contractor.

(xi) All statutory approvals as applicable to electrical installations

pertaining to this contract shall be obtained by the Contractor at his own


cost. However necessary document would be signed by the company

and statutory fees as applicable would be reimbursed to the contractor

subject to submission of documentary evidence.

(xii) If the contractor uses any other electrical power source in addition to

RSMML power supply, they should inform to electrical department

through respective EIC before its use. This additional power source

should not be connected in RSMML electrical system.

5.1.8 FENCING AND LIGHTING:

(i) When any work is performed at night or where day light is shut off or

obscured, the Contractor shall provide at his cost artificial light

sufficient to permit the work to be carried on properly and permitted

through inspection by the Engineer-in-Charge. The lighting standards

shall be as prescribed under the Metalliferous Mine Regulation 1961.

(ii) The Contractor shall be responsible to provide at his cost proper

fencing, lighting guarding and taking necessary safety measures for all

works under the contract.

(iii) The arrangement made for fencing, lighting etc shall be maintained by

the Contractor during the currency of the contract at his cost. The power

and light connections, wiring, equipment etc shall be made by the

Contractor throughout the pendency of the contract, till physically

taking over the work by the Company. The power and light connection,

wiring, equipment shall be subject to the inspection and approval by the

Engineer-in-Charge and the officers of concerned state electricity

department & Central Government under the Electricity Act and Indian

Electricity Rules and conditions of electricity supply of the State

Electricity Board, as applicable.

(iv) Any additions and alterations thereto shall be got approved by the

Contractor from the Engineer-in-Charge and certified from Electrical

Inspector, if required under law.

5.1.9 DETAILS TO BE FURNISHED AT THE TIME OF COMMENCEMENT

OF WORK

Following details are required to be furnished by the successful tenderer to

the Engineer-in-charge at the time of commencement of work at mines;

(i) Attested copy of Letter of Acceptance/detailed Letter of Acceptance for

the work.

(ii) Authorization from the contractor in favour of the Project In charge

(Site Incharge) and other representatives of the contractor.

(iii) Details of the supervisory personnel who will be engaged in supervision

while execution of the work, which includes and not limited to Mining

engineer, geologist and surveyor.

(iv) Details of the personnel who will be engaged for execution of the work.

(v) Initial medical examination certificate required in prescribed Performa

of such Contractor personnel.

(vi) List of the HEMM/equipment/machinery etc. along with its technical

specification /purchase invoices/Registration Certificates.

(vii) Security Deposit details.

(viii) The contractor shall update the documentation whenever there is

change in details mentioned at Sr. no. (ii) to (vi) herein above.


5.1.10 Supervision of contractual working and qualified staff:

5.1.10.1 The contractor shall sole responsible for carry out all mining activities in

accordance with provision of MMR1961and circulars and directions/order

issued by DGMS from time to time. Contractor should formulated

SOP(standard operating procedures) for every activities based on model

Conditions for adopting a system of deep-hope blasting and/or working

opencast mines with the help of heavy machinery for digging, excavation and

removal of ore etc. under Reg. 106(2)(b) of MMR 1961.

(i) Contractor should depute sufficient statutory certificate holder‟s

supervisory personals in each working shift to carryout supervision in

contractual working area and enforce statutory provision under Mines

Act1952, Metalliferous Mines Regulation 1961 and rules made there

under.

(ii) Supervisory staff deputed by contractor will responsible for follow SOP

for each activity to secure safe operation. Special attention should be

paid to ensure proper berm along haul road and dump yard to prevent

vehical fall from height in case of going out of control.

(iii) At beginning of each shift, contractor shift supervisor should submit a

list of qualified persons, other persons present on duty and shift

programmed indicating no. of HEMM scheduled to operate to shift

manager/shift incharge so designated by company.

(iv) At end of each shift, contractor supervisor should also submit the report

regarding operation carried out and any other relevant report about

working as per statutory requirement.

(v) These statutory certificate holders supervisors deputed for supervision

of shift working will perform their duties under over all supervision and

control of shift manager/shift incharge.

(vi) All shift supervisor staff deputed by contractor shall follow the

instructions of shift manager/shift incharge or his representative during

shift work to secure safe working.

5.1.10.2 The contractor shall have to depute at least following qualified persons, in

addition to other requisite supervisory, operational and other staff to

accomplish the work satisfactorily:

i) One qualified overall supervisor/In-charge having at least a First Class

Certificate of Competency (Restricted) as per MMR 1961.

ii) Three qualified Managers for shift(s), one in each shift having at least a

Second Class Certificate of Competency (Restricted) as per MMR

1961.

iii) Three qualified Mines Foremen for shift(s), one in each shift having at

least a Mine Foreman Certificate of Competency (Restricted) as per

MMR 1961.

iv) One qualified & experienced Geologist

v) One qualified & experienced Mine Surveyor.

vi) Six Qualified Mining Mates for shift(s), :Two in each shift having at

least a Mine Mate Certificate of Competency (Restricted) as per

MMR 1961

vii) One Mechanical Engineer to hold over all charge of all machinery

having Degree/Diploma in mechanical engineering.

viii) One electrician ITI in electrical trade/wireman license holder to

carryout electrical/illumination work.


5.1.10.3 Such engagement has to be maintained throughout the contract period. Non

engagement of such qualified persons will attract a pre-determined

compensation; however no compensation will be levied during mobilization

period. Pre-determined compensation will be charged as under:

i) Non engagement of a qualified overall supervisor/In-charge having at

least a First Class Certificate of Competency (Restricted). Rs.

50000.00 (Rs. Fifty Thousand) per month.

ii) Non engagement of qualified supervisors of Second Class Certificate of

Competency (Restricted) as per MMR 1961, Rs. 40000.00 (Rs. Forty

Thousand) per month per person.

iii) Non engagement Qualified Mine Foreman and qualified Mine

Surveyor/qualified Geologist. Rs. 30,000.00 (Rs. Thirty Thousand) per

month per person.

iv) Non engagement Qualified Mining Mate Rs. 20,000.00 (Rs. Twenty

Thousand) per month per persons.

v) Non engagement qualified Mechanical Engineer Rs. 40,000.00(Rs

Forty thousand) per month.

vi) Non engagement qualified electrician Rs. 10,000.00(Rs Ten thousand)

per month.

vii) The number of competent/ qualified supervisors engaged by the

contractor is subject to revision as per statutory requirement.

5.1.10.4 Absence of any qualified person/s for a period of more than 07 days in a

calendar month shall be treated as non engagement for this purpose & pro-

rata compensation will be deducted.

5.1.10.5 For purpose of calculation of pre determined compensation for non

engagement of qualified persons during a calendar month, attendance of such

qualified persons in shift working shall be verified by Mines Manager and

considered final in this respect.

5.1.10.6 In case of such engaged person leaving the employment an alternative

engagement has to be ensured within 15 days of the person leaving the

employment. In case of failure to do so pre-determined pro-rata

compensation shall be applicable as detailed above as the case may be.

5.1.10.7 The contractor shall depute an authorized and qualified surveyor within 10

days (but before commencement of work) from the date of issuance of Letter

of Acceptance for making necessary initial survey of the ground levels in the

area awarded as per the contract.

5.1.11 REPORTS

5.1.11.1 The contactor shall furnish the statement of work done by him in the form of

report(s), in the format prescribed by the Engineer-In-Charge, on daily basis

and/or at specified intervals by the company, to the Engineer-In-Charge or to

his authorized representative.

5.1.12.1 The Contractor shall regularly submit to the Company the details of work

executed, equipments working etc on each shift/daily basis compiled for a

week in soft copy (Compact Disk Drive or through any other appropriate

medium), in the specified format prescribed by Engineer-In-Charge.

5.1.12.2 The Contractor shall maintain various records as required under compliance

of various statutory provisions and also as per directed by Engineer-In-

Charge from time to time.


CHAPTER 2 – SCC

5.2 TECHNICAL

5.2.1 ROCK TYPE AND SPECIFIC GRAVITY (OVERBURDEN, ORE)

5.2.1.1 The overburden on the hanging wall side is mostly comprised of impure

dolomitic limestone with variable silica content. In A Extension, B Block &

E Block area the predominantly siliceous component increases very much

and the rock type effectively can be termed as carbonate bearing chert while

siliceous and the carbonate fractions are more or less evenly distributed in D

Block. The rock is heterogeneous in character, but dominantly it is medium

hard with occasional hard or soft patches.

5.2.1.2 The footwall waste in the entire Eastern Pit (F and G Blocks) is dominantly

represented by highly weathered soft rock type having sandy and silty size

fractions. Compositionally the rock type represents a broad variant of impure

argillaceous/siliceous dolomitic limestone. Some patches of footwall,

however are hard and bouldery.

5.2.1.3 The hardness of the ores varies from soft to hard. The average specific

gravity (Insitu) of:

Overburden/waste rock/secondary ore - 2.6 tonnes/M3

High grade ore (HGO) - 2.9 tonnes/M3

Low grade ore (LGO) - 2.8 tonnes /M3

5.2.2 OPTIMUM OVERALL BENCH CONFIGURATION FOR

HANGINGWALL & FOOTWALL

5.2.2.1 The optimum overall slope and the individual bench slope geometry to be

maintained in hanging wall and foot wall. as the case may be, for the

proposed areas is as follows-

Name of

Pit

Overall

pit slope.

Bench

Angle

Bench

Height

Bench Width

Hanging Wall

F Block 420

800

10 m 7m, and every third bench not less than 12m.

G Block 420

800


Foot wall

F Block 330

650


G Block 330

650


The Geotechnical study of Jhamarkotra mine is being carried out by CMFRI,

Dhanbad. The phase first study has been concluded and the phase II is under

process. If any change/s in the bench design and block slope parameters as

mentioned above, are received from CMFRI then, the contractor will have to

incorporate modifications as per the recommendations without claiming

additional own cost and expenditure for such modifications, if any made on

this account.

5.2.3 POLLUTION CONTROL PERMISSIONS AND MEASURES

5.2.3.1 During the drilling of blast holes, the Contractor shall adopt all necessary

means to suppress/arrest the dust by practicing in-built-wet drilling system

(in-built water injection system) and/or using dust extractors to ensure that

dust generated during such operations shall not get air borne.


5.2.3.2 The Contractor shall have to take effective and adequate measures at its own

cost and expenses for suppression/collection of dust generated during the

process of blasting, mucking, loading, unloading, hauling etc. in the working

areas and on the mine haulage roads, including adequate water

spraying/sprinkling at various dust generation source, so that the dust

generated do not get air borne and its concentration in such places do not

exceed the limits prescribed under the MMR 1961, or as stipulated by the

MOEF.

5.2.3.3 For wet drilling the Contractor shall make its own arrangements for getting

water at its own cost (Except when raw water is available at the mine

premises).

5.2.3.4 In case the Contractor fails to adopt required pollution control measures, then

RSMML shall make such arrangements for adopting requisite pollution

control measures at the risk and cost of Contractor, apart from taking other

actions as per the contract.

5.2.3.5 If the Contractor fails to adopt pollution control measures as per the approved

Scheme of Mining and in such case and due to the act of the contractor, any

penalty is imposed by any of the Government Agency on the company, the

same amount shall be made good by recovery from the contractor bills and

security deposits.

5.2.4 EXTENT OF MECHANISATION, DETAILS AND THEIR USE AT

MINES

5.2.4.1 The contractor is required to handle the considerable volume of rock

including various types of ore as mentioned in the tender document. The

contractor has to deploy fleet of equipment(s) of adequate capacity to handle

the volume of work. Initially the deployed equipment as above shall not be

older than five years from the date of issue of DLOA. Minimum size of

major equipment deployed should be as per annexure E

5.2.4.2 In case the tenderer proposes to engage equipment of other agencies, an

undertaking of the owner of the equipment on non-judicial stamp paper

should be submitted along with other details. Contractor has to deploy the

requisite number of equipment required to perform the entire scope of work

and compliance of terms and conditions of tender thereof and to achieve the

targets as given to the contractor by the company from time to time.

5.2.4.3 The Contractor shall intimate any change in deployment of HEMM and take

prior approval for the same from the Engineer-In-Charge.

5.2.4.4 As contractor has to handle the considerable volume of rock and large portion

of this rock handled is overburden and has to be dumped at designated

dumping yards. For safety and compliance with DGMS norms, overburden

should be unloaded before the edge(berm) of dump yard and then push down

with the help of crawler mounted dozers. So contractor had to deployed

appropriate capacity crawler mounted dozers at each dump yard to secure

safe dumping of OB .

5.2.5 SCHEME OF WORK

5.2.5.1 The machines, equipments and ancillary machines etc deployed by the

Contractor and his organization for handling of the work shall be such as will

ensure satisfactory rate of progress of work and achievement of monthly

schedule of excavation, which, in the opinion of the Company will ensure the

completion of the works within the time herein specified. Further, the work

should be executed strictly in conformity with the provisions of Mines Act

1952, MMR 1961, Explosives Act 1884 and all other relevant acts, rules,

bye-laws and statutory provisions and instructions given by the Company

and/or Engineer-In-Charge from time to time.


5.2.5.2 The Contractor shall give the company full information in advance as to

his/its plans for carrying out the works. If at any time before the

commencement or during the progress of the work, any part of the

contractor's plant, equipment or facilities, or any of his/its method of

execution of the work, appears to the Company to be unsafe or inadequate of

his/its organization insufficient to ensure the required quality and rate of

progress of the work, Company may order the Contractor to change or

increase and improve his/its plant, equipment facilities, method of work,

organization etc, and the contractor shall promptly comply with such orders,

but failure of the Company to issue such orders shall not relieve the

contractor and his/its obligation to secure the degree of safety, the quality of

work and the rate of progress required by the contractor for execution of

his/its works under the contract. The Contractor alone shall be responsible for

the safety, security and adequacy of his plant, equipment, personnel and

method of work etc.

5.2.5.3 The Contractor shall deploy the requisite machinery and/or equipment at the

site of work on/or before expiry of mobilization period so as to execute the

work as per time schedule. The contractor shall also deploy the required

ancillary equipment and provide spares etc. to complete the work within the

scheduled time period and to meet its contractual obligations.

5.2.5.4 The contractor shall further provide supplementary principal equipment and

ancillary equipment, spares, other stores items, if required at its cost from

time to time to complete the works under the contract.

5.2.5.5 The contractor shall maintain the principal equipment and ancillary

equipment those brought to the site for execution of contract as long as they

are required for the satisfactory progress of work. No equipment will be de-

mobilised from the site without prior approval of the Engineer in charge. The

manpower engaged and principal and ancillary equipments deployed for this

contract work shall not be allowed to be engaged or deployed for any other

contract work even within the mine premises or elsewhere outside the mine

premises. Contractor shall obtain written permission of Engineer In-Charge

for shifting and/or separate engagement/deployment of their manpower and

principal & ancillary equipments engaged for this contract work.

5.2.5.6 The company shall not be made liable for any damage and/or compensation

for idling of any of the equipment/and manpower for any reason whatsoever.

5.2.5.7 On the work being awarded, the Contractor, before the start of work and

during mobilization period, shall submit his /its working plan, concept paper

& PERT chart for the excavation and removal of overburden including,

deployment of his/its equipment, etc. in the specified areas covered by the

contract overall time schedule as specified for completion of the entire work

including the mobilization period. The contractor shall thereafter submit to

the Engineer-In-Charge progress of work done from time to time.

5.2.5.8 Contractor shall also furnish to the Engineer-In-Charge by 22nd

of each

calendar month, the programme of work which the contractor proposes to

take up and complete during the following month which shall be subject to

alterations or modification as Engineer-In-Charge may consider it necessary

in consultation with the Contractor without altering the overall time schedule

and annual rock excavation programme.

5.2.6 DRAWINGS TO BE SUPPLIED BY THE COMPANY:

5.2.6.1 Drawings attached with tender, if any, shall be for the general guidance of the

tenderer to enable him to visualize the type of work contemplated and scope

of work involved. The tenderer will be deemed to have studied the drawings

and formed an idea about the work involved.


5.2.6.2 Any discrepancy between the specifications and the drawings or any error,

omission or ambiguity in the specifications or the drawings shall not

invalidate the contract. The Contractor shall immediately on noticing any

such discrepancy, error, omission or ambiguity, bring the same to the notice

of the Engineer-In-Charge. Any work done by the contractor even after

discovery of such discrepancy, error, omission or ambiguity will be at the

Contractor's risk and cost.

5.2.6.3 Any work for which no specification or drawing has been prescribed or

issued by the Company are to be carried out by the Contractor in all respects

in accordance with the instructions of Engineer in Charge and requirements

of the Work.

5.2.6.4 The drawing/s for the work as listed herein, is based upon the interpretation

of field observations. It is not intended or to be inferred that the conditions as

shown therein constitute a representation by the Company or its

representatives that such conditions actually exist, nor shall be contractor be

relieved of the liability under the contract for any loss sustained by the

Contractor as a result of any variance between conditions as shown on the

drawings and the actual or otherwise.

5.2.6.5 The Contractor shall check all drawings and shall promptly notify the

Engineer-In-Charge of any omission or discrepancies from the drawings or

the mis-description of details of work, which are necessary to carry out to the

intent of the drawings. The Contractor shall not be relieved from performing

of such omitted or mis-described details of work and they shall be required to

perform as if fully and correctly set forth and described on the drawings.

5.2.7 BLASTING OPERATIONS:

5.2.7.1 Company shall undertake blasting for the areas of Contractor for removal of

overburden/waste rock & excavation of ore wherever required at his risk.

i.) Drilling of holes shall be done by the contractor at places for removal of

overburden/waste rock & excavation of ore wherever required at his

own cost and as per the drill holes pattern approved in writing by the

Engineer-In-charge. The Engineer-In-Charge may require drilling of

additional holes by the contractor before blasting is taken up. The holes

not drilled as per the approved drilling pattern shall not be taken up for

blasting.

ii.) The Company shall arrange and use the explosives & blasting

accessories for the contractor works up to the specified charge factor

ceiling as mentioned in tender.

iii.) Blasting will be done by the Company as and when felt necessary by

the Engineer-In-Charge and on receipt of written requisition from the

Contractor in the prescribed performa duly signed by the authorized

representative of the Contractor not less than two days prior to the

scheduled date of blasting.

iv.) Contractor should submit blast plan prepared by a qualified person and

such qualified person should remain present during blasting operation

to coordinate with blasting incharge of company.

v.) Contractor should remove all machine/material in vicinity of blasting

site before commencement of charging as directed by blasting incharge.

vi.) The contractor shall not be allowed to raise any dispute as to make,

type, quality and quantity of explosives, charge factor, fragmentation of

rock, toes at the mining faces, time and frequency of blasting etc.

vii.) The Company shall not entertain any claim or dispute of the contractor

on account of blasting or non-blasting or idling of his/its equipment or

his/its labour during the execution of this work.


viii.) The Contractor shall provide necessary assistance in blasting as per the

direction of Engineer-in-charge.

ix.) In case any misfire/ blown out of holes, Contractor will be required to

re-drill the holes as per the directions of the Engineer-in-charge and

Contractor shall not be entitled for any claim, additional payment

whatsoever.

x.) In case, if it is established that the frequent failure of blasts are on

account of poor quality of explosives and accessories and company

decides to claim damages from the suppliers of the explosives and

accessories then any amount if recovered may be reimbursed to the

contractor up to the extent of expenses for re-drilling required to be

carried out by him. The decision of the Company in this regards shall

be final and binding on the contractor

5.2.7.2 At the time of blasting for the areas being worked by the Company or by the

other contractor/s, the Contractor shall be required to vacate the areas if the

area/s fall within the blasting danger zone, worked by him for which the

Contractor shall not be entitled for any claim, additional payment

whatsoever.

5.2.7.3 For carrying out blasting in the areas being worked by Contractor, the

Contractor shall make necessary arrangements and provide assistance to the

company in amicably resolving the issues related to vacating those areas in

private lands/dwellings falling within the blasting danger zone.

5.2.8 CLEARANCE OF THE ROADS AFTER BLASTING

If during the blasting operation any of the Company's roads get blocked or

damaged /endangered, the Contractor shall be under obligation to

restore/repair the same at his/its own cost immediately. However company

will also clear off road blockages at the earliest if contractor‟s roads get

blocked or damaged during blasting operations in working area of the

Company

5.2.9 CO-ORDINATION WITH DEPARMENTAL WORK OF THE

COMPANY

Presently departmental work is also going on in the CDE Block of

Jhamarkotra Mines. The contractor is required to work out their schedule of

work in close co-ordination /consultation with the Engineer-In-Charge of the

Company. At the time of blasting in the areas being worked departmentally

by the Company, the contractor will be required to vacate the areas being

worked by the Contractor.

5.2.10 MINIMUM DIAMETER OF BLAST HOLE DRILL

The tonnage contemplated to be blasted per week can be possible by drilling

of blast holes of such diameter (parameter) & depth & number of holes as

directed by the Engineer-In-Charge in compliance of the stipulations of

statutory authority and/or Approved Mining Plan/Scheme of Mining by the

contractor. The contractor shall be required to be fully equipped for such

drilling. Blasting will be resorted to such frequency in a week/quarter as

directed by the Engineer-In-Charge.

5.2.11 DRILLING FOR SECONDARY BLASTING

It shall be the responsibility of the Contractor to carry out secondary drilling

in left out toe or in the boulders generated by blasting as directed by the

Engineer-In-Charge or blasting in-charge of the company. The diameter of

drill holes for secondary blasting in boulders may be of smaller diameter

which shall be drilled by Jack Hammer or by pop shooting for which the

Company shall make no extra payment.


CHAPTER - 3 - SCC

5.3 SCOPE OF WORK

5.3.1 AREA COVERED IN THE SCOPE OF WORK

The area covered in the scope of work in this tender document include area

of excavation in Eastern Pit (F & G Blocks) of Jhamarkotra Rock Phosphate

Mine which has been specified in the clause 2.1, definition chapter of this

tender document.

The area as defined above has been marked on the composite surface plan at

annexure-G. Management of RSMML at its sole discretion may increase or

decrease the area or alter the boundary line /limits of the pit/block in case of

urgency/ requirement of the company.

5.3.2 SCOPE OF WORK

5.3.2.1 Scope of work for Eastern Pit (F and G Blocks) generally shall include

but not limited to the followings:

Subject to the terms and conditions as herein above and hereinafter

mentioned the Contractor shall undertake, and complete work of excavation

and removal of overburden/waste rock etc. and mining of ore in these areas

as shown on the plan annexed here to as Annexure-G, which shall in general

and inclusive of excavation, removal, transportation, disposal, dumping,

dozing, levelling and spreading of overburden at the specified/earmarked

dump yard/s, secondary ore stacks, including final dressing of mine benches,

faces and sides, slopes etc conforming to the specified bench configuration

as mentioned in tender document and mining of Rock phosphate ore

encountered during the excavation and removal of overburden/waste rock

from these areas and transportation of the same to the crushing plant/s or ore

stack/s as may be required and/or advised by the Company from time to

time, including drilling, mucking, loading, unloading and stacking, dozing,

levelling etc., with all leads and lifts involved in connection with the

excavation and removal of the overburden/waste rock and mining of ore

from the said area/s and including all preparatory work, dressing, finishing,

construction and maintenance of approach/haul roads and other allied

operational work etc., pertaining thereto and/or relating to the excavation and

removal of overburden/waste rock and mining of Rock Phosphate ore,

necessary working arrangements with private tenants of land/dwellings

during entire mining operation as mentioned in tender document, etc. from

the areas Eastern Pit (F and G Blocks) as aforementioned on turnkey basis.

5.3.3 ALLIED AND PREPARATORY WORK:

The allied work aforesaid shall also include installation, maintenance of

power line, water line and supply arrangements etc construction &

maintenance of temporary structures/Buildings etc. & security of their

establishment as may be necessary and/or required for carrying out the

excavation operations covered by the contract. Necessary preparatory work

like dismantling of structures including electric power lines, if any, removal

of bushes, cutting of ditches/drains, if any, will have to be done by the

Contractor at his/its cost.

5.3.4 CONSTRUCTION OF ROADS, FOOTPATHS ETC:

5.3.4.1 Existing roads have generally been shown in the plans enclosed with the

contract document; the Contractor will be responsible for construction,

widening and maintenance of roads, trenches for roads, if any, including

haulage roads, wherever required for execution of this work or works.

5.3.4.2 All the roads, wherever required shall be constructed in accordance with the


alignments and specifications as per MMR, 1961 &/or as approved by the

Company. The plan showing the alignments, realignments and specifications

of drains etc and approach roads which the contractor proposes or is required

to construct shall be submitted to the Company and construction thereof shall

be done as per the written approval from the Engineer-in-Charge.

5.3.4.3 The Company reserves full rights to use such roads, etc. which are,

constructed by the Contractor without any liability whatsoever devolving on

the Company. Such approach roads, etc. shall become the property of the

Company without any liability.

5.3.5 SUBMISSION OF EXCAVATION MONTHLY PLAN:

The contractor will be required to submit plan of excavation on the 22nd

of

the preceding month and the excavation/removal of ore/OB will only be

allowed as per the plan approved by the Engineer-In-Charge.

5.3.6 DRILLING, BLASTING, TRANSPORT, DISPOSAL ETC:

The scope of work in the areas covered under scope of work also includes but

is not limited to following:

i.) Drilling, excavation, loading, unloading, transport and disposal

including dozing, spreading of the overburden/waste rock in the

proposed dumping yard/s as per direction of Engineer-In-Charge.

ii.) Contractor has to accept and confirm that blasting will be taken up by

the Company at his risk and in accordance with the terms and

conditions of the tender & contract document.

iii.) Excavation and mucking of Rock Phosphate ore available from the

different areas and its transportation to the crushing plant/s or ore

stacks including drilling, mucking, loading, unloading and stacking,

dozing, leveling etc. as per the directions of the Engineer-in-Charge.

iv.) Different types of rock phosphate ore i.e. High Grade Ore (HGO),

Low Grade Ore (LGO), Mixed/ Medium grade ore and Secondary

Rock Phosphate Ore (recovered from Overburden/waste) shall be

transported to the designated stack yards located around crushers or

any other stack yard strictly as per the directions of Engineer- in-

charge/quality control department of mines.

5.3.7 FILLING IN OTHER AREAS:

i.) Part of the overburden/waste rock etc. shall be required to be

excavated from the locations specified by the Engineer-In-Charge

from the area(s) and shall be disposed off at the indicated locations

as may be specified by the Engineer-In-Charge from time to time for

making embankments, site leveling, site preparation, approach roads,

haul roads by filling with overburden/waste rock up to the specified

formation levels including unloading, stacking dozing etc, at the

indicated sites.

ii.) The total quantity of overburden/waste rock to be transported at the

indicated sites as detailed in above clause for filling etc, up to the

formation levels shall be maximum up to 10% of the total contract

quantity for the entire contract period.

iii.) When overburden/waste rock etc is required to be transported for

filling work at indicated sites, the location of excavation will be

specified by the Engineer-In-Charge and separate volumetric

measurements will be taken for such excavation of rock. This quantity

will be deducted from the total quantity excavated in the area for


determining the quantity of overburden/waste rock transported to the

dump yards.

iv.) The payment shall be made on the basis of actual lead from the site of

excavation up to the site of filling of the quantity excavated and

transported to the indicated site when lead is more than 3.0 km (one

side). The payment shall be on every extra km beyond a lead as

mentioned above.

v.) The volumetric measurements at the site of excavation shall be

subject to verification of the actual quantity of overburden/waste rock

etc. transported up to the indicated sites for filling as measured at site

of filling by survey.

vi.) Deductions will be made for voids at the rate of 30% from the

volumetric measurements of the filled materials at indicated site for

the determination of BCM and the contractor will be paid on BCM

basis as measured at site of filling at the scheduled rate/s. No

additional payment will be made on any account except on BCM

basis as above.

vii.) The Contractor shall be required to carry out the filling work in and

around Jhamarkotra Rock Phosphate Mines up to a maximum lead

(one side) of 7.0 km.

5.3.8 FINAL DRESSING:

i.) Final dressing of the bench floors and bench faces shall be done by

the Contractor as per the scope of work defined and conforming to the

specified bench configuration as mentioned in tender. All overhangs

and loose rocks shall be dressed down.

ii.) Any ore at the contact of the ore body has to be separately mined and

transported to the crushing plant/s. Care has to be taken to avoid

admixture of ore with waste rock by proper cleaning of Ore and waste

contact.

iii.) Final dressing on hanging wall & footwall side is being taken for the

purpose of slope stability. Final dressing of faces and floor shall be

done in such a manner as directed by the Engineer-In-Charge. The

bench sides have to be dressed and slope at specified angle and bench

floor provided with cross gradients for proper drainage of water. The

final berm widths shall be maintained as per the design/layout/

drawing supplied from time to time and as per directions of Engineer-

In-Charge.

5.3.9 BENCH GEOMETRY:

Benches are required to be excavated on hang wall & footwall depending

upon the configuration of the area at the time of commencement of work. The

final configuration of benches should be conforming to the specified

configuration of benches as mentioned in tender document. The Contractor

may make sub benches at suitable levels to suit their working arrangements

and in compliance of statutory requirements. However, these sub-benches

will have to be excavated before the work is taken as complete. The safety

berm at each bench level shall be strictly be left as prescribed and approved

by the Engineer-In-Charge.

5.3.10 CONSTRUCTION OF SUMPS, DRAINS ETC:

i.) The contractor shall make its own arrangements for pumping out

water from the pit so as to keep the pit dry for undertaking safe

mining operations, at no extra cost to the company


5.3.11 SPECIAL CONDITIONS:

There are special conditions applicable to all the area/s of contract; however

there are some specific special conditions applicable to specific area, which

are described as under. Besides the scope of work described elsewhere in this

tender document, the scope of work for is also inclusive of but not limited to

the following:

i.) The contractor shall carry out excavation work in the area Eastern Pit

consisting F & G Blocks as per the proposed working plan of

benches, sequence of operations, time schedule etc as approved by

the Engineer-In-Charge from time to time during the execution of the

work. Such working plan will provided him on commencement of

work and is subjected to revision from time to time as per

requirement of work.

ii.) The excavation and removal of overburden from the hanging wall

shall extend up to the limit as marked on the proposed working plan

from the configuration prevailing at the time of commencement of

work. The excavation & removal of waste rock from footwall side of

these areas may be used for making benches.

iii.) The overburden/waste rock excavated from hanging wall and

footwall side of ore body is required to be transported to designate

dump yard marked on proposed working plan. Contractor should

carry out dumping in manner as mentioned in proposed working plan

by dumping at lower most level at first and then at upper levels by

forming benches in dumps as shown in proposed working plan. The

approximate location of these dump yards have been indicated on the

plan. The position of dumps/secondary ore stack/s in the plan is only

indicative.

iv.) The contractor shall abide by the applicable statutory approvals

accorded to RSMML by the concerned governing agencies like,

DGMS, IBM time to time may be in the form of permission under

106(2)(b) of MMR or Scheme of Mining, PMCP etc.

v.) The excavation and removal of overburden and mining of ore from

the area shall be carried out in accordance with the layout, limits &

extension of each bench as per the plan approved by the Engineer in

charge.

vi.) Any loose rock dumped/ stacked earlier and/ or lying over these areas

may be required to be re-handled and disposed of at the specified

dump/stack yard/s. Computation of the quantity so excavated and or

re-handled shall be subject to deductions for voids at the rate 30%

from the measured quantity for determining BCM. Billing and

payments at the contract rate shall be made of such measured

quantity of overburden/ waste/ secondary ore/ Rock Phosphate ore in

BCM.

vii.) Drilling and blasting has to be done near the Block limit area in such

a way that there is no shattering and back break beyond the finished

line of bench. Contractor shall essentially drill additional row of drill

holes at the final bench/pit limit, which is to be kept uncharged for

the purpose of pre-splitting after blasting. All loose boulders

overhangs/toes will have to be dislodged and dressed by the

contractor. Over excavation beyond the finishing line will be the

responsibility of the contractor.


viii.) The Contractor has to make necessary arrangements for drainage and

pumping of water so as to keep the surface/rainwater away from the

slope for smooth and safe working.

ix.) The drilling & blasting shall be carried out in such a way so as to

ensure the mining of Rock Phosphate ore, secondary ore and

overburden/waste rock separately. Care shall be taken to avoid

admixture of ore with waste rock. When any blasting in

overburden/waste rock is carried out, the contractor shall ensure that

the ore in the vicinity has been removed and no ore is buried or

intermixed with waste rock.

x.) Drilling in ore/secondary ore shall be carried out as per directions of

Engineer-In-Charge. All the drilled holes in ore/secondary ore shall

be required to be properly sampled & examined by the Quality

Control department for ascertaining the quality. Contractor shall

submit proper plan for proposed blasting of drilled holes in

ore/secondary ore to the quality Control Department. Blasting of

holes drilled in ore/secondary ore will be allowed only after

verification by quality control department/Engineer-In-Charge.

xi.) The contractor shall properly clean the contact of ore and overburden

/waste rock /secondary ore strictly as per the instructions of Engineer-

In-Charge and shall ensure that no ore is lost or diluted in the process.

Excavation of overburden/ waste rock/ secondary ore at the ore-waste

rock contact zones has to be carried out in such a way so as to avoid

any admixture of ore with the waste rock and the contractor shall

ensure that the ore does not get covered /buried under the overburden

waste rock. The company will not entertain any claim of the

contractor on account of any idling of equipment and/or time loss etc.

for cleaning of ore contact and other ore cleaning/development

activities.

xii.) After exposure of the ore, the mining of ore will commence only after

survey of the ore face & as per instructions from the Engineer-In-

Charge. Mining in ore & near the ore contact will be carried out

strictly as per direction of quality control department in presence of

qualified geologist of contractor.

xiii.) The Contractor has to make necessary arrangements for drainage and

pumping of water so as to keep the surface/rain water away from the

working faces for smooth and safe working.

xiv.) If at any time, due to structural deformation, folding, faulting,

shattering & fragmentation of ore zone, in-situ measurement for

determination of ore quantities in BCM is not possible and if so

decided by the Engineer-In-Charge, the quantity in Bank Cubic Meter

of such ore excavated from the deformed, shattered, folded,

fragmented & faulted zone and transported to stacks near crushing

plant/s, will be ascertained by survey of such ore stacks on periodical

basis and 30% deductions for voids will be made in the quantity so

measured of ore transported to crushing plant/s and ore stacks. This

quantity will be deducted from quantity of excavation and removal of

overburden/waste/secondary ore measured in-situ so as to avoid

duplicity of quantity measurement, both in field as well as stacks

located near the crushing plant/s.

xv.) The in-situ quantity measurement of ore shall be done by such

method/s as the Engineer-In-Charge may consider just and

appropriate for the class of work measured including but not limited,

to the methods of average area computed from cross section, plans,


grid system or topographic contours etc. The quantity of ore if

measured separately shall be deducted from the overall quantity of

rock surveyed/ measured, so as to avoid duplicity of quantity

measurement.

xvi.) Contractor may carry out the proper & detailed survey, through

suitable survey methods, for ore-waste contact on hanging walls &

footwall sides, as per the directions of Engineer-In-Charge. Mining of

Rock Phosphate ore & waste rock on footwall side will be carried out

only after proper detailed survey of ore-waste contact on hanging

wall & footwall side respectively. Based on such survey

measurements contractor shall be required to prepare & submit

proper plans/section of ore zones as per the instruction of Engineer

In-Charge. The contractor shall examine all pros and cons and its

impact on the performance & progress of work. The company will

not entertain any claim on this account.

xvii.) The contractor shall mine secondary phosphate selectively &

separately from the overburden/waste rock, which is to be stacked

separately at the earmarked stack/s for this purpose on hanging wall

side of the ore body outside the pit limit or any other such location/s

as directed by the Engineer-in-Charge from time to time .

xviii.) Before blasting of drilled holes in ore/secondary ore, sampling of the

holes may be done by the contractor as per the instructions of the

quality control department of mine, for verification of the quality of

ore. Blasting of drilled holes in ore/secondary ore will be done after

the quality has been ascertained from the analysis of the results

obtained from RSMML's chemical laboratory. Blast plan at H/W

contact, F/W contact, Ore and OB/waste is required to be verified by

quality control department. Similar sampling and analysis is carried

out before blasting of drilled holes is done in ore.

xix.) However, part of the secondary ore which is of usable quality,

excavated from the overburden/waste rock, as ascertained by the

quality control department will be required to be transported to the

earmarked stacks located near the HGO/LGO crushing plant/s as per

instructions of Engineer-In-Charge. To compensate the transport of

usable quality of secondary ore at higher lead, which is equivalent to

that of the transportation lead of ore, the remuneration for secondary

ore so transported near to crushing plant/s as per direction of

Engineer-In-Charge and/or quality control department, will be same

as that of ore mined and transported to crushing plant from Eastern

Pit (F & G Blocks). The quantity in Bank Cubic Meter of secondary

ore transported to stacks near to crushing plant/s, will be ascertained

by survey of such secondary ore stacks on periodical basis and 30%

deductions for voids will be made in the quantity so measured of

secondary ore transported to crushing plant/s stacks. This quantity

will be deducted from quantity of excavation and removal of

overburden/waste/secondary ore measured insitu in Area Eastern Pit

(F & G Blocks) so as to avoid duplicacy of quantity measurement,

both in field as well as stacks located near the crushing plant/s.

xx.) The contractor will be required to excavate, transport, unload, stack

etc. different types of rock phosphate ore i.e. High Grade Ore (HGO),

Low Grade Ore (LGO), Mixed/ Medium Grade Ore and Secondary

Rock Phosphate Ore (recovered from the overburden/waste)

encountered during excavation, to the designated stack yards located


around existing crushers or any other stack yard strictly as per

directions of quality control department/Engineer-In-Charge, without

any additional cost to the company.

xxi.) While mining & transporting ore, contractor has to ensure that no

oversize boulders (any dimension more than 50 cm) are transported

to crushing plants. Oversize boulders (more than 50 cm) transported

to crushing plants, if any, shall be transported back to the respective

mine site for further re-drilling & blasting at the cost of contractor.

xxii.) The contractor shall be allowed to clean the contact of

overburden/waste rock and Rock phosphate ore/secondary ore,

excavate & transport ore/secondary ore to crushing plants, designated

ore stack/s and secondary ore stack/s during day light hours from

8.00 AM to 07.00 PM only in presence of contractor‟s authorised

geologist in all working days.

xxiii.) The ore transported to the crushing plant/s and which is found to be

contaminated with waste rock shall not be paid for. The entire

contaminated ore shall be removed and dumped at the earmarked area

for such contaminated ore by the contractor at his cost. The

contractor is also liable to pay damages for such contaminated ore at

the prevailing selling price of (HGO/LGO as the case may be). The

contractor shall also ensure that no ore is lost during excavation,

removal and transportation failing which; the contractor shall be

liable to pay damages assessed as per the selling price of ore

prevailing at that time.

xxiv.) The contractor shall ensure that ore transported from the mine pit is

unloaded only at specified stack locations at the crushing plant/s

and/or designated ore stacks. In case of unloading of transported ore

to non-specified locations or to locations other than instructed, such

unloaded ore shall be removed and dumped at the earmarked area for

such ore by the contractor at his cost. The contractor shall also ensure

that no ore is lost and/or contaminated during the process of such

removal & shifting failing which, the contractor shall be liable to pay

damages assessed as per selling price of ore prevailing at that time.

xxv.) Departmental & / or contractor‟s activities are going on in DE area,

Central pit and western pit. The contractor has to ensure that as a

result of his/its activities the departmental activities and activities of

other contractors working in this area/s are not interrupted,

endangered and affected. The Contractor has to ensure that roads are

not blocked or endangered as a result of his activities. At places,

approach roads to the departmental & contractual workings are

passing through proposed roads for Eastern Pit ( F & G Blocks).

Further, if any of the existing roads is required to be excavated, it

shall be taken up only after an alternative road is made available as

per the specifications approved by the Engineer-in-Charge so as to

pass traffic to/ from departmental workings &/or other contractors

working.

xxvi.) Any excavation to be taken up for making haul roads or approach

roads or for any other purpose from/out of the working area/s of

Eastern Pit ( F & G Blocks)and/or out of designated block limit will

be at the cost of contractor.

xxvii.) The contractor shall examine all pros and cons and its impact on the

performance & progress of work in all the areas. The company will

not entertain any claim on this account.


xxviii.) After completion of the work by the contractor in these areas, the

company/other contractors shall resume activities in these areas for

further mining activities. The contractor has to ensure that the area is

rendered suitable for the above purpose and necessary approach

roads, bench feeder roads are available and no further preparatory

work needs to be done by the company/other contractors.

xxix.) The Contractor shall carry out the excavation work in these areas in

such a manner that higher benches are excavated first before opening

a lower bench as far as practicable and possible.

xxx.) The contractor shall ensure that no extraneous material including

metallic piece is loaded and transported in trucks/vehicles to crushing

plant/s or other dump places. Any such metallic pieces shall be sorted

out and stacked away.

xxxi.) The company shall not be responsible for any delays/loss in

production of the contractor, on account of above mentioned

precautions and procedures/ process to be taken by the contractor. No

compensation of whatsoever nature to the contractor will be allowed

for any of the above reason/s.

xxxii.) The contractor shall be required to prepare the approach road/s to the

dumping yard by dumping of overburden, its spreading and leveling.

However any excavation required to be carried out for this purpose

outside the contracted area shall be at the cost of contractor.

xxxiii.) The Contractor has to exercise utmost caution so that there is

minimum rolling down of the boulders towards the quarry side and

all the material excavated is dumped at the assigned places. The

material falling towards the quarry side will have to be removed by

the Contractor at his cost and disposed off at the waste dumps.

xxxiv.) The area of one dump may be used by more than one agency. In such

an eventuality the contractor shall have to provide access / free

passage to the man and machinery of other agencies to such dump

yard.

xxxv.) Different grade of ore from different Blocks/blocks is stacked at

particular place at specified crusher / stacks. A competent person

/spotter shall be deputed at such placed for proper and safe unloading

of ore in each shift. Ore will be required to stack at specified place by

proper leveling and stacking by deploying suitable equipment.

xxxvi.) Proper water sprinkling is required at the time of transportation &

loading/unloading points of material for dust suppression.

xxxvii.) The contractor shall abide and comply with the specific

recommendations of the 10th

/ 11th

Conference on Safety in Mines,

applicable to contractor‟s work at mines. In this regard contractor

shall submit the compliances report of the above recommendations to

the Mines Manager at the frequency as decided by DGMS.

Contractor shall strictly comply the same without any additional cost.

xxxviii.) PWD road from Jhamarkotra to Jagat is passing adjoining to

proposed Eastern Pit (F&G blocks).Proposed ore haulage road from

G block to existing crushing unit at Jhamarkotra Mines is crossing

the PWD road. Contractor has to depute competent and experienced

personal on continuous basis at PWD road crossing for ensuring

safety of traffic

xxxix.) Contractor shall have to make all necessary arrangements for proper

illuminations at the working face(s) ,haul roads as well at the active


dump face (s) even by using diesel operated mobile lighting

(illumination) towers at its own cost.

xl.) The excavation & removal of waste rock/secondary ore and mining

of ore from this area is from the configuration prevailing at the time

of commencement of work. The companies working will also be

concurrently done adjacent to this area. The contractor shall examine

all pros & cons and its impact on the performance and progress of

work in Eastern Pit ( F & G Blocks). The company will not entertain

any claim on this account.

xli.) The contractor can only take up the work of excavating benches on

footwall slope after mining of ore from that level has been done.

xlii.) The overburden/waste rock mined from Area Eastern Pit (F & G

Blocks) is required to be dumped on footwall side in the specified

dump yard/s. The secondary phosphate, which is mined separately

from the overburden, is required to be stacked on earmarked stacks

for secondary ore phosphate on the hanging wall side of the Eastern

Pit. Location of the secondary ore stack/s, dumping yard and HGO

Crushing plant/s have been shown on the plan placed at Annexure G.

xliii.) Part of the present haul road for transportation of ore to crushing

plant/s located on hang wall side of central pit may be required to be

excavated by the company/contractor/s. The contractor working in

Eastern Pit will be required to prepare the new haul road for

transportation of ore mined from Eastern Pit, on hanging wall side of

central pit mostly by dumping overburden, levelling work and cutting

if any, by the contractor at his own cost. The haul road/approach shall

be prepared as per the plan/design/layout approved by the Engineer-

In-Charge.

xliv.) Secondary ore from the Eastern Pit (F & G Blocks) area can be

generally transported in the day light hours. Similarly ore

transportation from this pit is allowed only in day light hours

xlv.) Contractor has to deploy crawler mounted dozers at each dump yard

to push the overburden unloaded by dumpers before the edge (berm)

of dump yard and also prepare berm at dumping yard of heights and

width as specified in DGMS circulars. .

5.3.12 ALLOTMENT OF AREA FOR WORK:

The contractor shall be required to work in such area as may be allotted by

the Engineer-in-Charge from time to time within the area Eastern Pit (F and

G Blocks) marked on the plan at Annexure G. The entire area as per tender

drawing may be allotted for work in phases and not necessarily at a time

before commencement of work. The Engineer-In-Charge shall have a right

to stop the work in any part of the area assigned to the contractor & asked

the contractor to work in the alternative area. Decision of Engineer-in-

charge shall be final & binding in this regard. No claim for reduced

allotment of area, shifting of work to other alternate area or stoppage as

above shall be entertained by the Company.


CHAPTER 4 – SCC

5.4 QUANTUM OF WORK, PERIOD OF CONTRACT, TIME SCHEDULE

ETC. AND COMPENSATION FOR DELAYS AND SHORTFALL ETC.

5.4.1 APPROXIMATE QUANTITIES OF EXCAVATION INVOLVED

3 The total quantities to be excavated & removed will be approximately 54.00 Lac BCM of rock.

4

Area

Approx Quantity of

Overburden /Waste

Rock

Approx

Quantity of

ore

Approx

Quantity of

total rock

Remark

Eastern Pit (F&G

Blocks)

In Lac BCM In Lac BCM In Lac BCM

50.25 3.75 54.00 OB includes

Secondary ore

Notes:

i.) The quantities set out by the company in the excavation schedule or

quantities annexed to contract document are only indicative quantities

depicting magnitude of work and they shall not be taken to be actual

and correct quantity to be executed by the Contractor in fulfillment of

his/its obligations under the contract and the company is not bound by

any variations. However, at the end of the contract period, a variation

of ±3% in the total quantities of ore as specified in the above table

shall be allowed and Company will not levy compensation, if the

shortfall remains within the prescribed limit of (-)3% at the end of the

contract period. At the end of the contract period, the contractor would,

however, be required to maintain the overall scheduled stripping ratio

as given in the Clause No. 5.4.7 & limitation of payment vide Clause

No. 5.6.9 of the Tender Document.

ii.) The excavation & removal of waste rock/overburden/ secondary ore

and mining of ore and its transportation to waste dumps/ore

stacks/crushing plant/s shall have to be carried out as per plan, time

schedule and sequence of operation as per direction of the Engineer-In-

Charge.

iii.) The company reserves the right to make any alteration/addition in the

area for the contracted quantity as above including allotment of work in

other alternate areas.

iv.) The Contractor shall have to strictly abide by annual schedule of work

prescribed in the tender document and annual targets as specified by

the Engineer-in-Charge.

v.) In case at any time the performance of the contractor as a whole or in

part is not found satisfactory, then the company will issue notice,

giving seven days time to improve the same. If the Contractor fails to

improve its performance within this period of seven days, then the

Company may get that part/the entire work done by other agency at the

risk & cost of the Contractor without any further notice.

vi.) The quantity of usable quality of Secondary ore recovered from the

overburden/waste rock of the mine and transported to the earmarked

stacks located near the HGO/LGO crushing plant/s is not certain.

Contractor has to transport such quantities as ascertained from time to

time by the Engineer-In-Charge. No claim shall be entertained on this

account.


5.4.2 VARIATION IN WORK

5.4.2.1 The company reserves its sole discretion and right to vary the annual or

total quantum of work under contract schedule up to ±10% during the

currency of contract and the contractor will execute the work on same rate,

terms and conditions. However, such variation in quantum of work shall be

in proportion to the scheduled quantum of work of the remaining period for

which variation is being exercised. The Company will communicate the

same to the contractor by serving one month advance notice. In the event,

quantum of work is required to be varied beyond the above mentioned

tolerance limit, then the company will notify the same with at least 15 days

notice to settle the matter mutually.

5.4.2.2 Due to the proximity of private lands in and around the active mining area,

the quantity of ore and overburden mentioned in the document is tentative;

this quantity may vary subject to the availability of land for mining during

the pendency of the contract. No claim shall be entertained for any such

variation in quantity.

5.4.2.3 Geo technical study of the mine is going and its phase-1 is concluded. The

phase II and Block optimization exercises are there in process and may

affect the scheduled quantity of rock. In case of variation, if any, it will be

intimated to the contractor. No claim shall be entertained for any such

variation in quantity.

5.4.2.4 The schedule of excavation may subject to be modified if felt imperative by

the company in writing from time to time.

5.4.2.5 The contractor shall neither be entitled nor be eligible to raise any claim on

account of their vehicles/machine/manpower being idle on any day or for

any period.

5.4.3 ACTION TAKEN BY THE COMPANY IN CASE NON ACHIEVEMENT

OF PRODUCTION AND TARGETS:

i.) In case of failure to commence the work within stipulated period then

company may cancel/terminate the award of work which has been made

in favour of the contractor and EMD/SD will be forfeited.

ii.) In case of failure to produce for a continuous period of seven days due to

breakdown of machine or any other reason for which the contractor is

responsible and/or in cases of frequent breakdowns of machine resulting

in loss of production, the Company at its sole discretion and without

prejudice to other rights may terminate the contract &/or shall be

empowered to engage other outside agency, at the risk and cost of the

contractor for execution of remaining part of work of the contract.

5.4.4 WORKING HOURS:

The work of excavation shall be carried out during such hours as may be

directed by the company.

5.4.5 TIME SCHEDULE FOR :

(i) Commencement of work: Within a period of 30 (Thirty) days, from the

date of issue of Detailed Letter of Acceptance (DLOA).


5.4.6 PERIOD OF CONTRACT

5.4.6.1 The period of the contract shall be for Three years (36 months) from the date

of issuance of the Letter of Acceptance (LOA/DLOA). The contractor shall

complete the entire work within the period of Three years (36 months) from

the date of issue of Letter of acceptance (LOA/DLOA) of the tender to the

entire satisfaction of the company in conformity with all the terms and

conditions of the contract and instruction/s of the Company and/or Engineer-

In-Charge may from time to time give to the contractor and hand it over to

the Company on completion. The contract period beyond the period of

3(three) years can be extended for another One (01) year on the same rates,

terms and conditions and at the sole discretion of Company (RSMML).

5.4.6.2 The above period of Three years (36 months) includes the period of 30 days

allowed for commencement of work reckoned from the date of issue of Letter

of acceptance (LOA/DLOA). However, the Contractor shall use these 30

days for doing necessary preparatory works and mobilization. The work shall

be executed strictly as per time schedule by deploying adequate personnel,

equipment, tools, tackles etc.

5.4.6.3 The company reserves the right of termination of contract at any time

assigning reasons thereof & giving a clear notice of thirty days. Such

termination shall not entitle the contractor for any claim whatsoever.

5.4.6.4 Extension of Scheduled Completion Time:

i.) If the contractor desires an extension of time for completion of work on

the grounds of his having been unavoidably hindered for reasons

beyond his control in execution of work, he shall apply in writing to the

Engineer-In-Charge within ten days of the date of such event, and the

company shall, if in its opinion (which shall be final and binding on the

Contractor) reasonable grounds exist, authorize such extension of time

as may in his opinion be necessary or proper. Whenever such extension

is granted by the Company, this would be without prejudice to the

Company's right to take appropriate action under this contract and

without any additional financial liability on the company.

ii.) Failure or delay by the Company to hand over to the Contractor

possession of the land necessary for the execution of the works, or to

provide the necessary drawings and instructions, or any other delay by

the Company due to any other cause, whatsoever shall in no way affect

or vitiate the contract or alter the character thereof or entitle the

Contractor to damages or compensation thereof, provided, however,

that the Company without any financial liability may extend the time

for completion of the work by such period as it may consider necessary

or proper.

iii.) The decision of the company as to the need for grant of extension of

time to the Contractor shall be final.

5.4.7 WORK COMPLETION SCHEDULE

5.4.7.1 Time is essence of this contract. The Contractor shall fully and finally

complete the entire work covered by the contract within the period of 36

months (Thirty six months) from the date of issue of

LOA/DLOA/Acceptance of the tender.

5.4.7.2 The Contractor shall have to complete the contracted quantity as per

following tentative schedule.


All qty in Lac BCM

Area Particulars Year- 1 Year- 2 Year- 3 Total

Eastern Pit (F and G Blocks)

Ore 1.25 1.25 1.25 3.75

O/B 16.50 17.00 16.75 50.25

Total Rock 17.75 18.25 18.00 54.00

The schedule may further be divided into monthly/quarterly schedule as per

the requirement and as per the directions of Engineer-In-Charge. This

schedule is subject to be modified, if any, in ref to tender provisions

mentioned herein above, by the company in writing from time to time.

5.4.7.3 The Year-1 will commence from the date of issuance of Detailed Letter of

Acceptance and will be completed after a period of 12 months. The second

year to third year will be of next 12 months after completion of preceding

years respectively. Similarly the Quarter will be the period of three months.

5.4.8 COMPENSATION FOR FAILURE TO COMMENCE THE WORK

AND/OR SHORTFALL IN THE EXECUTED QUANTITIES :

5.4.8.1 In case of delay in commencing the work within the stipulated time, the

compensation @ 0.5% of the annual contract value on weekly basis will be

recovered. The tendered quantity on prorata basis will be considered to

calculate annual contract value. The compensation will be recovered by way

of deduction from the bills payable to the contractor. Further the company

may withdraw the DLOA and forfeit the earnest money deposit (EMD) & /or

security deposit (SD) in case the compensation reaches beyond 2%.

5.4.8.2 In case the Contractor fails to adhere to the schedule as per tender he shall be

liable to pay to the company agreed and predetermined compensation as

mentioned hereunder for such shortfall;

i.) Failure to adhere to the annual schedule for OB & Ore separately and for

each year without reasons to the satisfaction of Company the contractor

shall be liable to pay predetermined & agreed compensation @ 10% of

the remuneration payable for the actual shortfall in quantity, but it will

not absolve the contractor to fulfill his contractual liabilities.

ii.) The shortfall of first year is to be made up in the Second year. The

shortfall of first year can be compensated only by the excess quantity

executed by the contractor above the schedule quantity in second year.

Similarly the clause will apply for the second year shortfall. However the

compensation for the shortfall in third year may not be levied, only in the

case of completion of total scheduled quantities of the contract by the end

of the contract period.

iii.) If annual scheduled quantity is not achieved by the contractor due to any

reason beyond the control of the contractor, the annual schedule may be

modified and/or completion time may be extended by the company.

Compensation for shortfall will be recovered based on such revised

target. Decision of the company, whether a particular reason for failure to

achieve the target is beyond the control of contractor, shall be final and

binding on the contractor.

iv.) In case the Contractor fails to complete the entire work of the total

contract period within scheduled/extended time from the date of issuance

of DLOA, the contractor shall be liable to pay compensation @0.5%


(Zero point five percent) of the total value of the contract in addition to

the compensation mentioned at above clauses and subject to provision of

clause no.5.4.1 & 5.6.9 of tender document.

5.4.8.3 The said amount of Compensation shall be payable by the contractor to the

company forthwith on first demand without any demur or protest and without

there being any proof of the actual loss or damages caused such delay/breach.

The company at its sole discretion shall be justified to adjust such damages

against the security and/or running and/or final account bills or any sum due

or will become due with the company on account of any work of the

Contractor and the Contractor shall be bound by such decision of the

Company. The above recoveries will be without prejudice to the other right

and remedies available in the contract.

5.4.8.4 Over and above the Compensation on shortfall in execution of work, the

company may at its sole discretion get the balance quantity of overall

unexecuted work executed from any other agency at the risk and cost of the

contractor and in that event, the company shall be entitled to recover from it

the full difference of cost of making such alternative arrangements and/or

forfeit the whole or such portion of the security deposit as it may consider fit.

5.4.8.5 The compensation so paid/and/or adjusted by the company, shall not

relieve the contractor from his/its obligations to complete the work under the

contract or from any other obligations and liabilities under the contract.

5.4.9 RIGHT TO REVIEW PERFORMANCE

i.) The company reserves the right to review and assess the performance of

the work at any time during the contract period. In case of poor or

unsatisfactory performance and/or breach of any terms and conditions of

the contract, the company in its absolute rights and discretion may take

appropriate action including termination of the contract.

ii.) The company shall have absolute right to determine and ascertain the

damages or losses suffered by it due to poor performance or breach of

the terms and recover the costs thereof from the contractor from the

security deposit or any sum due to the contractor from the company. The

Company shall also have absolute right to get the work done from any

other agency at the risk and cost of the Contractor, in case, the contractor

fails to perform the work continuously for more than 3 days.

5.4.10 RISK & COST:

The Company shall have full right to forfeit the whole security deposit and

payment of other pending bills payable to the contractor for non fulfillment

of the contractual obligations with regard to the production/excavation

(work) of specified quantity within the scheduled/specified time period. The

work can be completed by engaging third party at the risk and cost of the

contractor.


CHAPTER 5 – SCC

5.5 PROCEDURE FOR MEASUREMENT OF QUANTUM OF WORK

DONE BY THE CONTRACTOR

5.5.1 SETTING OUT WORKS

5.5.1.1 The Company shall furnish to the contractor information regarding survey

stations and level, bench mark level and the Contractor shall set out the

works at his cost and shall provide competent staff as may be necessary and

required under rules and regulations and shall be solely responsible for the

accuracy of such survey and setting out.

5.5.1.2 The contractor shall depute an authorized surveyor within 10 days of the

issuance of Letter of Acceptance for taking the initial ground levels of the

working area proposed to be worked by the contractor under this contract. All

survey reports shall be jointly signed by the authorized representative of the

Company and the Contractor.

5.5.1.3 The Contractor shall be responsible for providing, fixing and maintaining at

his cost all stakes, plates, level marks, profiles and other similar things and

shall take all necessary precautions to prevent their removal or disturbance,

should the same take place and for their efficient and timely reinstatement.

The Contractor shall also be responsible for the maintenance at his/its cost of

all existing survey marks, boundary marks, distance marks and center line

marks, either existing or supplied and fixed for the Contractor. The work

shall be set out to the satisfaction of the Engineer-In-Charge. The approval

thereof or rendering any assistance by the Engineer-In-Charge in setting out

the work shall not relieve the Contractor of any of his/its responsibilities and

obligations.

5.5.1.4 Before beginning the works, the contractor shall at his/its own cost, provide

all necessary reference and level posts, pegs, bamboo's, flags, ranging rods

and other materials etc, for proper layout of the work in accordance with the

scheme acceptable to the Engineer-In-Charge. The center, longitudinal face

lines and cross lines shall be marked by means of small masonry pillars. Each

pillar shall have distinct mark at the center to enable the Total Station to be

set over it. The contractor shall start no work until all these points are

checked and approved by the Engineer-In-Charge in writing but such

approval shall not relieve the Contractor or any of his/its responsibilities. The

Contractor shall also provide to the Company – competent surveyor, all

labour, material and other facilities, as necessary, free of cost for the proper

checking of layout and inspection of the points during the progress of work.

5.5.1.5 Pillars bearing geo-deistic marks located at the sites of works should be

protected.

5.5.1.6 The Company shall also carry out annual survey for which contractor shall

clean the mine faces to the maximum extent so that the annual survey

quantity be ascertained more accurately

5.5.1.7 On completion of the works, final survey shall be carried out and the

Contractor shall submit the field engineering details and survey documents,

the geo-deistic documents according to which the work was carried out.

5.5.1.8 The company may at its sole discretion, adopt and implement any latest

technology of survey and measurement of quantum of work carried out by

the Contractor, for which the contractor shall be liable for its implement

without raising nay dispute and claim to the Company


5.5.2 RESPONSIBILITY FOR LEVEL AND ALIGNMENT:

5.5.2.1 The Contractor shall be entirely and exclusively responsible for the

horizontal and vertical alignment, the levels and correctness of every part of

the work.

5.5.2.2 It may be necessary at time to discontinue portions of the Contractor's work

in order that the Engineer-In-Charge/Surveyor may make measurements or

surveys without interruptions or other interference's that might impair the

accuracy of the results. At times, on request of the Engineer-In-Charge, the

Contractor shall discontinue his/its work to such extent as may be necessary

for this purpose. The Contractor shall not be entitled for any extra payment

on account of same.

5.5.2.3 No extra or additional payment will be made to the contractor for such

discontinuance of work or delay occasioned by the Surveyor's establishing or

checking lines or grades or making other measurements or by the Engineer-

In-Charge inspections and no extension of time will be allowed for such

delay

5.5.2.4 Contractor will carry out his own assessment of excavated quantity by

measurement on half yearly and annually through his surveyor. In the last

year of contract, contractor will carry out measurement quarterly, half yearly,

annual or any shorter interval through his surveyor on regular basis, so that at

the end of contract period total quantity shall not be more than tendered

quantity except permissible variance.

5.5.3 DETERMINATION OF VARIOUS PARAMETERS

For the purpose of this contract the determination of various parameters, viz.

Chemical and physical analysis of mineral/waste/etc., volume to weight

conversion factor (insitu/loose), size determination of mineral/waste/etc.,

weight of material, various survey and related parameter, any other parameter

whose determination is required in terms of contract etc., as done by the

Company or its authorized representatives shall be taken & treated as final

and shall be binding on the Contractor. In case the contractor desires he can

associate its representatives during the determination of these parameters by

the company, for which he can inform the Engineer in Charge.


CHAPTER 6 – SCC

5.6 PAYMENT TO THE CONTRACTOR & CERTIFICATES

5.6.1 CONTRACTOR'S REMUNERATION:

5.6.1.1 The remuneration to be paid by the Company to the Contractor for the whole

of the work to be done and for the performance of all the obligations

undertaken by the Contractor under the contract documents shall be

ascertained by the application of the respective quoted rates and payments to

be made accordingly for the work actually executed and approved by the

Engineer-In-Charge. The sum as ascertained shall constitute the admissible

remuneration of the Contractor under the contract and no further or other

payment, whatsoever, shall be or become due or payable to the Contractor

under the contract.

5.6.1.2 The rates quoted by the contractor shall remain firm, except as provided in

the tender document, till the issue of final certificate and shall not be subject

to escalation/de-escalation as provided elsewhere in the tender document.

Rates shall be deemed to include and cover all costs, expenses and liabilities

of every description and all risk of every kind to be taken in executing,

completing and handing over the work to the Company by the Contractor.

The Contractor shall be deemed to have known the nature, scope, magnitude

and the extent of the works and materials required though the contract

documents may not fully and precisely furnish them. The opinion of the

Engineer-In-Charge as to the items of work which are necessary and

reasonable for completion of work shall be final and binding on the

Contractor, although the same may not be shown on or described specifically

in contract documents.

5.6.1.3 Without in any way limiting the provisions of the preceding sub-clause, the

schedule of rates shall be deemed to include and cover the cost of all

equipment, temporary works, pumps, materials, labour , Supervision and

logistic charges, insurance, fuel, stores and appliances to be

supplied/deployed by the Contractor and all other matters in connection with

each item in the schedule of quantities and the execution of the work or any

portion thereof finished complete in every respect and maintained as shown

or described in the contract documents.

5.6.1.4 The schedule of rate shall include and cover the cost of all inputs for the

works or otherwise incorporated in or used in connection with the works, also

all rents and other payments in connection with obtaining diesel, lubricants,

accessories, materials of whatsoever kind for the works and shall include an

indemnity to the Company which the Contractor hereby gives against all

actions, proceedings, claims, damages, costs and expenses arising from the

incorporation in or use on the works of any such articles/processes or

materials octroi or other municipal or local board charges, fees, cess, if levied

on materials, equipment or machinery to be brought to site for use on work,

shall borne by the Contractor.

5.6.1.5 No exemption or reduction of customs duties, excise duties, sales tax or any

import duties, special Road Tax, Road tax, transport charges, stamp duties or

Central or State Government or local body or Municipal taxes or duties, cess,

taxes or charges (from or any other body), whatsoever will be granted or

obtained & element of all of which expenses shall be deemed to be included

in and covered by the schedule of rate. The Contractor shall also obtain and

pay for all permits or other privileges necessary to complete the work.

5.6.1.6 The schedule of rates shall be deemed to include and cover the risk of all

possibilities of delay and interference with the Contractor's conduct of work


which occur from any cause including orders of the Company in the exercise

of his/its powers and on account of extension of time granted due to various

reasons and for all other possible or probable cause of delay/s in execution of

this work by the Contractor. The Contractor shall not be entitled to raise any

claim and/or dispute on account of any rise in the price of oils, lubricants,

tyres, tubes, spares, statutory or otherwise on any other ground or reason or

accounts whatsoever.

5.6.2 PROCEDURE FOR MEASUREMENT/BILLING OF WORK-IN-

PROGRESS:

5.6.2.1 All survey measurements shall be monthly and in metric system. All the

works in progress will be jointly measured by the representatives of the

Engineer-In-Charge and the contractor's authorised agent progressively. Such

measurement will be got recorded on the basis of excavation configuration in

the measurement book by the Engineer-In-Charge or his/its authorised

representative and signed in token of acceptance by the Contractor or his/its

authorised representatives. For the purpose of taking joint survey

measurement the Contractor's representative shall be bound to be present at

site on prior notice in this regard by the Engineer-In-Charge. If, however, he

absents for any reason whatsoever, the measurements will be taken by the

Engineer-In-Charge or his representative and the same shall be deemed to

have been taken as correct and binding on the Contractor. Measurements and

computations will be made by such method/s as the Engineer-In-Charge may

consider just and appropriate for the class of work measured including but

not limited, to the methods of average and area computed from cross section,

plans, grid system or topographic contours etc. If considered advisable by the

Engineer-In-Charge for greater accuracy prismodial corrections, or

corrections for curvature in alignment will be employed and binding on the

Contractor. For the purpose of computing quantities, the Planimeter shall be

considered as being an instrument of precision adopted for the measurement

of areas under contract. However the company reserves the right to use the

computerised survey and computation methods for measurement of

quantities. The contractor shall not raise any dispute whatsoever on this

account. The dividing limits, lines or plans between adjacent items or classes

or excavation or other type of works where not definitely indicated on the

plans, or in the specifications shall be determined by the Engineer-In-Charge.

5.6.2.2 Contractor shall give in writing the request for measuring the quantity of rock

excavated by him for the running account bill period, to EIC mining

contracts. The contractor should specifically mention the co-ordinates where

the excavation was carried out by him for that running account billing period,

to be consider for measurement.

5.6.2.3 Notwithstanding anything contained herein above in order to minimise the

chances of discrepancy arising out of the projected excavation and actual

excavation, the company reserves the right to make available to the

contractor additional cross sections across the strike length of the area

covered within the purview of this work under the contract. Such additional

cross section in turn shall be taken by the Contractor as reference section for

the aforesaid purpose.

5.6.2.4 The Company reserves the right to associate third party for carrying out

original, annual and final excavation survey at regular intervals. The

Contractor's remuneration under this agreement will be subject to such

surveys and adjustment or any discrepancy found thereof. The Company will

have sole discretion to appoint Government or Semi-Government or private

surveying agency(ies) like the Directorate of Mines & Geology, survey of


India, Indian Bureau of Mines etc and the Contractor will be bound by such

survey/s without any claim of additional payment for the same.

5.6.3 BASIS OF PAYMENT:

The basis of payment shall be the quantity as measured by survey at mines,

on monthly basis.

5.6.4 ELECTRICAL POWER

When the Company is providing Electrical power upto the limitations as

mentioned in tender and the actual consumption and Power factor are beyond

the ceiling as mentioned in that clause then the recovery shall be made from

the contractor's running bill as deemed just and proper by the Engineer-In-

Charge.

5.6.5 DIESEL

5.6.5.1 The Contractor has to make its own arrangements for Diesel & lubricants

procurement and storage. However the company shall make available

appropriate size of land for setting up of diesel dispensing unit, arrange and

obtain No objection certificate from local authority in respect of said land.

The Contractor has to obtain requisite statutory permission/clearances from

the respective Government Authorities, at its own cost for setting up and

operation of diesel dispensing unit.

5.6.5.2 The rates quoted by the contractor and finally accepted by the company shall

remain firm & fix for the period of this contract. Only variation on account of

change in the market price of diesel (HSD) will be considered for

ascertaining escalation/ de-escalation on the price quoted & finally agreed.

The price variation on account of change in diesel price for the work will be

computed based on notional consumption of diesel (HSD) per BCM.

5.6.5.3 The consumption norms of diesel 1.04 Liter/BCM for Eastern Pit (F & G

Blocks)shall be taken to execute the work as per tendered scope of work as

norm to work out the effect of change in diesel rate.

5.6.5.4 The prevailing retail price of diesel (HSD) of IOCL ex-Udaipur i.e.Rs 68.78

per Liter shall be taken and considered as base price for the purpose of

computation of escalation/ de-escalation on the price quoted & finally agreed.

5.6.5.5 Admissible escalation/de-escalation shall be calculated as per formula given

below -

ES/DES= Q x N x (P1- P0)

Where –

“ES/DES” means admissible escalation/de-escalation in rupees

“Q” means quantity of ORE & OB loaded & transported during specified

period in BCM

“N” means notional consumption (as detailed above)

“P1”means prevailing price of diesel in Rs. Per liter

“P0”means base price of diesel in Rs. Per liter

5.6.5.6 Prevailing rate of diesel shall be the rate as prevailing for IOCL retail pump

at Udaipur. Contractor shall furnish rate certificate of diesel from IOCL

diesel pump of Udaipur with every monthly bill, Prevailing rate of diesel

shall be the rate as prevailing for IOCL at Udaipur. Contractor shall furnish

rate certificate for 16th day of every month of diesel from IOCL retail diesel

pump located in Udaipur or nearby mines or as approved by company with

every monthly bill.


5.6.5.7 Company shall reimburse/recover applicable GST(CGST & SGST) on diesel

escalation/de-escalation

5.6.5.8 No other escalation on any other ground shall be payable to the contactor

except as mentioned in the tender document.

5.6.6 EXPLOSIVES:

5.6.6.1 The Company shall use the explosives, blasting accessories for the work up

to the charge factor ceiling of 0.55 Kg per BCM of rock excavation, and will

conduct the blasting for the Contractor at his risk wherever required.

5.6.6.2 The Company shall arrange for the transportation of explosives & blasting

accessories, blasting crew including blasters to the blasting site and will

conduct the blasting.

5.6.6.3 The rates quoted by the contractor for this work shall be excluding of the cost

of blasting i.e. the cost of explosives and its accessories (upto the charge

factor ceiling as mentioned above), storage, transportation, salary and wages

of crew/blasters etc or otherwise.

5.6.6.4 For calculation of charge factor ceiling, as specified above blasting

accessories as per Annexure “E” of tender document will not be considered.

Separate record will be maintained in respect of explosives consumed against

the work awarded to the contractor. The representative of the contractor will

be associated in the work of undertaking blasting etc.

5.6.6.5 The cost of the explosive quantities used by the company for the contractor in

excess of the charge factor ceiling as mentioned above will be recovered

from the bills of the contractor. The reconciliation of actual charge factor as

against the prescribed charge factor ceiling as mentioned above will be

carried out on yearly basis considering the actual quantity of explosive

consumed and total rock excavated during respective years.

5.6.6.6 The recoveries for the quantity of explosive & blasting accessories in excess

of the charge factor ceiling as mentioned above shall be made on yearly basis

from the running account bills of the contractor based on rates prevailing in

respective years, inclusive of taxes duties, freight etc. The prevailing yearly

rate of the explosives and & blasting accessories, inclusive of taxes, for the

respective year will be calculated based on weighted average of monthly

average explosive cost per BCM, considering the monthly rock excavation

quantities.

Steps for calculation of such recoveries shall be as under:-

Step1. Calculation of weighted rate of explosives Rs/ unit of work

The rate of the explosives in Rupees/Kg for the respective year shall be the

weighted average calculated on the monthly basis for the quantities of

explosives used during the respective month (rate of the explosive prevailing

on the last day of month shall be considered)

Step2. Calculation of total excess quantity of explosives

EQE = TE - (QP x CFC)

Where

EQE : Excess Explosives Qty in Kg

TE : Total Quantity of explosives used during the year in Kg

QP : Work done during the year in BCM.

CFC : Charge factor ceiling, as mentioned above.

Step3. Calculation of amount to be recovered from Contractor

RA = (EQE x Weighted average rate of explosives at Step 1)


Where RA: Recoverable Amount on account of explosives in Rs.

5.6.6.7 GST on use of explosives is not applicable. In case any demand of GST from

taxation authority is received by the Contractor then the same should be

brought to the notice of the company. The liabilities of GST on this account

shall be borne by the company.

5.6.6.8 The retention of amount as mentioned above shall be made on yearly basis

from the running account bill payment of the contractor. However,

reconciliation shall be made yearly on cumulative basis, considering the

actual quantity of explosives used for the work and total rock excavated

during the respective period. If the company is required to refund the retained

amount at the time of reconciliation of account at the end of year as well as at

the end of the contract, the same would be refunded on the first deducted,

first refunded basis. If the cumulative usage of explosive is less than the

cumulative excavation at the end of the contract, total amount retained on this

account shall be refunded. However, if total explosives used is found less

than the ceiling norms at any given point of time, no amount would be paid

to the contractor by the company for such less usage of explosives.

5.6.7 BILLING:

For obtaining running account payment the contractor will submit a bill in

approved Performa in quadruplicate to the Engineer-In-Charge of the work/s

giving abstract and detailed measurements for the various items executed

during billing period within seven days from completion of survey

measurement for above billing period along-with following details-

i.) Abstract and detailed measurements for the various items executed

during a month.

ii.) Details of power consumption

iii.) Stores items other than explosives supplied during the billing period.

iv.) Explosive and blasting accessories arranged and used by the

company for blasting in contractor's area during the running bill

period.

v.) Copy of wage payment sheet of the previous months to the

employees actually employed by the contractor at Jhamarkotra

Mines.

vi.) Documentary evidence of the PF amount deducted from the monthly

salary of the employees of the contractor actually employed at

Jhamarkotra Mines for execution of the contract and submission of

this amount along with contractors contribution to the PF

commissioner, for the previous month.

vii.) The Engineer-In-Charge shall take or cause to be taken the requisite

survey measurements for the purpose of having the same verified,

and the admissible portion of the bill of the contractor as far as

possible, shall be paid after making necessary deductions for

explosives etc or adjustment/s, if any, on or before the expiry of 15

days from presentation of the bill. However no interest shall be paid

on this amount.

5.6.8 RATES:

The agreed rates shall be on the 'firm price' basis during pendency of the

contract and the Contractor shall not be eligible for any escalation, except as

mentioned in the tender document.


5.6.9 LIMITATION OF PAYMENT:

i.) Ore mining is the essence of the contract. Therefore, the contractor has

to adhere & maintain the scheduled stripping ratio during the currency of

contract.

ii.) In case, after the end of the scheduled first year of the contract period, an

arithmetical factor K computed by the stripping ratio of excavation

executed by the contractor (OB quantity executed : Ore quantity

executed) divided by scheduled stripping ratio of excavation

(Cumulative OB quantity as per schedule given : Cumulative Ore

quantity as per schedule given) attains the value of more than 1.20 , then

payment of such excess OB excavated will be withheld till the contractor

brings back the factor within 1.20 in the subsequent period on

cumulative basis. However in case it is established that failure in

achieving the required factor is due to reasons not attributable to the

contractor, the company may consider to make the payment to the

contractor.”

iii.) In any case, after the first year of the contract period, actual stripping

ratio of execution by the contractor should never reach beyond an

arithmetical factor K of 1.20. However, at the end of the contract period,

the contractor shall be required to maintain the arithmetical factor K of

1.03, beyond which payment of excess overburden excavation

corresponding to executed cumulative ore quantity shall be deducted

from the final bills of the contractor. Further, no compensation on

shortfall of execution in OB quantities shall be made within the

prescribed limits of maintaining arithmetical factor K of 1.03 in relation

to shortfall in ore quantities upto (-)3% as mentioned under clause

No.5.4.1. Decision of the Company for withholding, release and

deduction of amount and payment on this account shall be final &

binding on the contractor No relaxation and claim on whatsoever ground

in this account will be entertained.

iv.) The arithmetical factor (K) for this purpose shall be determined using the

following formula:

K= OB quantity executed(for a period) : Ore quantity executed (for a

period)

Divided by (÷)

Scheduled OB quantity (for a period): scheduled Ore quantity (for a

period)

v.) Tabulation for example and understanding of the bidders / contractor is

given as below:

Tabulation for Example:

Excavation details for computation Qty in lac BCM

S.

No.

Contract

period

completed

Scheduled

Cumulative

Qty of OB

Scheduled

Cumulative

Qty of

ORE

Scheduled

Stripping

ratio

Actual

Cumulative

Excavated

quantity of

OB

Actual

Cumulative

Excavated

Qty of

ORE

Actual

Stripping

ratio

Arithmetical

factor

K

A B C D E=C/D F G H=F/G I=H/E

1 13th

Month 17.62 1.35

13.05 17.62 1.35

13.05

1.00

2 14th

Month 19 1.45

13.10 19 1.35

14.07

1.07


3 15th

Month

20.34

1.56

13.04

20.34

1.35

15.07

1.16

4 16th

Month 21.75 1.66

13.10 21.75 1.35

16.11

1.23

5 17th

Month 23.12 1.77

13.06 23.12 1.35

17.13

1.31

vi.) Payment shall be made only for the part of work done by the Contractor,

under contract schedule and maximum variation limits as provided in the

tender, during the entire contract period.

5.6.10 ESCALATION/DE-ESCALATION

No other escalation shall be payable to the contractor during the currency of

the contract except for variation in statutory taxes, duties and levies & rates of

diesel as mentioned in the tender document.

5.6.11 RUNNING ACCOUNT PAYMENTS TO BE REGARDED AS

ADVANCE:

All running account payment (progressive payment) shall be regarded as

payments by way of advance against the final payment only and not as

payments for work/s actually done and completed, and shall preclude the

requiring of bad, unsound, defective, unscientific, imperfect or unskilled work

to be removed and taken away and reconstructed, re-erected or be considered

as an admission of the due performance of the contract, or any part thereof, in

this respect, or of the accruing of any claim by the Contractor, nor shall it

conclude, determine or affect in any way the rights/powers of the Company

unless these conditions or any of them as to the final settlement and

adjustments of the accounts or otherwise. The final bill shall be submitted by

the contractor within seventy five days from the date of physical completion

of the work, otherwise the Engineer-In-Charge's certificate of the

measurement and of total amount payable for the work accordingly shall be

final and binding on the Contractor.

5.6.12 PAYMENT OF CONTRACTOR'S BILL:

Unless otherwise specifically provided, running account payment (progressive

payment) will be made to the contractor by the Company keeping in view the

quantum of work done and measured, approved and certified as aforesaid. The

Company will deduct from all such payments statutory deductions and all

dues to the Company from the Contractor including advances paid to the

Contractor. The Contractor, on submitting the bill for the work done, is

entitled to receive a monthly payment subject to approval and passing of the

same by the Engineer-in-Charge. This payment will be made after making

necessary deductions as stipulated elsewhere in the contract document for

stores, explosives, materials, excess consumption of electrical power(in

specific case only) security deposit etc. The Company shall make payment

due to the Contractor by crossed Account Payee cheques/RTGS. In no case

will the Company be responsible if the cheque is misplaced or

misappropriated by unauthorized person/s. In all cases, the Contractor shall

present his bill duly pre-receipted on proper revenue stamp.

5.6.13 RECEIPT OF PAYMENT:

Receipt for payment made must be signed by a person duly authorised holding

power of attorney in this respect on behalf of the Contractor. A person so

authorized shall be in exclusive employment of the contractor and he will not

work or engage himself in any other profession for gain or profit other than


the contractor's employment. When the contractors are described in their

tender as a limited company, in that case the receipts must be signed in the

name of the company by one of its principal officers or by some other persons

having authorised to give effectual receipt for the Company.

5.6.14 WAGES AND EMPLOYMENT OF MANPOWER:

5.6.14.1 Contractor has to engage adequate number of workmen/supervisors/managers

etc., required for execution of the contractual work. Contractor shall be

wholly responsible to bear all wages, emoluments, charges and for discharge

of all other legal obligations, compliance of all laws/acts/rules etc now or

hereinafter to be enacted by the Central or State Government authorities

including any compensation payable in respect thereof. The RSMML will

not, in any manner and at any time or at the termination of this contract, be

responsible to bear any liability or part thereof in respect of the

labours/staff/supervisors/managers etc., engaged by the contractor for the

contracted work.

5.6.14.2 The contractor shall have to obtain & produce the license for engaging

workmen at RSMML's project site under the Contract Labour (Regulation

and Abolition) Act, 1970 and its central rules 1971 before actual

commencement of the work and shall start the work execution after

endorsement of the same by the concerned Engineer-in-charge.

5.6.14.3 Contractor shall strictly observe the provisions of Rule 25(2) of the Contract

Labour (Regulation and Abolition) Rules 1971 read with provisions of

Contract Labour (Regulation and Abolition) Act, 1970 in respect of wage,

rates, holidays, hours of work and other conditions of services etc of the

workmen employed for the contract work.

5.6.14.4 Contractor shall be wholly responsible for payment of wages, emoluments,

and charges to all of the workmen employed for the contract work every

month latest by the 7th day of the following month. Contractor shall make

wage payment to their workmen through their bank accounts and submit the

proof of wage payment.

5.6.14.5 If the contractor fails to pay to the workers/staff/labours any dues, the

RSMML may make arrangements for payment thereof after giving 15 day's

notice to the contractor and deduct the amount along with expenses from its

bills and/or from its security or in such other manner as may be deemed fit by

the RSMML.

5.6.14.6 The Contractor shall furnish copies of wage payment sheets along with proof

of deposition of PF to the Engineer-in-charge on or before 15th of each

month in respect of the preceding month and maintain proper records thereof

for the aforesaid purpose to the satisfaction of the Engineer-in-charge.

5.6.14.7 The Company shall not reimburse at any point any claim on account of

increase in the Wage structure and fringe benefits including increase on

account of settlement/s between the company and recognized union or such

increase as being effected on account of statutory changes in the wage

structure/wage rate or increase in Industrial Dearness Allowance (IDA) due

to rise in Consumer Price Index (CPI) from time to time or otherwise and/or

promotional and/or other unilateral increase/benefits/incentives/interim relief

or change/alteration in other conditions of service. The company shall also

not reimburse at any point, increase in the rate of increment and

consequential increase in bonus, leave encashment, gratuity, CPF etc due to

any reason and the same shall be paid and borne by the contractor.

5.6.14.8 The contractor shall fully acquaint himself/itself with the prevailing industrial

Environment, other conditions and all other impacts for working at

RSMML‟s project site.


5.6.15 WITHHOLDING PAYMENTS TO CONTRACTOR AND

COMPANY'S LIEN ON MONEY DUE TO THE CONTRACTOR.

5.6.15.1 Progressive payments at any time may be withheld or reduced if, in the

opinion of the Company the Contractor is not diligently and efficiently

endeavoring to comply with the terms of the contract of if the Contractor fails

to pay his labour, for material and other bills as they become due. The

Company shall in no way be responsible for such withholding of payments.

5.6.15.2 The Company shall have lien on all amounts that may become due and

payable to the Contractor under this or any other contract or transaction of

any nature whatsoever between the Company and the Contractor and the

security deposit, bank guarantee etc furnished by him under the contract for

or in respect of any debit or sum that may become due and payable to the

Company by the contractor either alone or jointly with any other or others

either under this or any other contract or transaction of any nature whatsoever

between the Company and the Contractor, unless the Contractor pays and

clears the claim in full immediately on demand in cash to the Company.

5.6.16 CLOSING OF THE CONTRACT

5.6.16.1 Within seventy five (75) days from the date of physical completion of the

work in all respects, as defined in the contract document, the Contractor shall

be required to obtain from the Engineer-In-charge completion certificates as

to the completion of work and clearing of the areas where he has worked for

of all rubbish, dirt, rock overburden materials, structures, etc.

5.6.16.2 If the contractor shall fail to comply with the requirement of this clause on or

before the date fixed for the completion of the work, the Engineer-in-Charge

may at the expenses of the Contractor remove such rock (overburden) surplus

materials and rubbish and dispose off the same as he thinks fit and clean off

such dirt as aforesaid and the Contractor shall forthwith pay the amount of all

such expenses so incurred and shall have no claim in respect of any such rock

(overburden) or surplus materials as aforesaid except for any sum actually

realized by the sale thereof.

5.6.16.3 Application for Completion Certificate: When the Contractor fulfils all

his/its obligations under the contract to the satisfaction of Engineer-In-

Charge and subject to terms & conditions of the contract, he/it shall be

eligible to apply for completion certificate. The application along with

following documents and any other document/information etc. as required by

the Engineer-in-Charge for his satisfaction, are required to be submitted to

the Engineer-In-Charge ;

i.) Details of item-wise quantum of work completed by the contractor

ii.) The technical documents according to which the work was carried out.

iii.) Three sets of calculation sheets (back up papers) thereof.

iv.) Certificate of final levels and slopes.

v.) Materials appropriation statement for the material issued by the

Company for the works duly supported by necessary documents.

vi.) A certificate to the effect that no outstanding claims/payments are due

to the persons employed by the Contractor or his Sub contractor.

vii.) Details of PF deposited by the contractor.

viii.) No claim certificate by the contractor, in favour of company that No

claim has been due towards the company and he will not claim any

dues after the closure of the contract.

ix.) Duly Notarized Indemnification Bond on Rs. 500/- Non Judicial stamp

paper.


5.6.16.4 The Engineer-In-Charge shall formally issue completion certificate within 60

days on receiving application from the Contractor, after verifying from the

completion documents including measurement record etc and satisfying

himself that the work has been completed in accordance with all the

provisions of this contract and as set out in the drawings/maps/specifications

etc and instructions issued to the Contractor by the Company and the DGMS

or other statutory authority from time to time.

5.6.16.5 The contractor, after obtaining the completion certificate, is eligible to

present the final bill for the works executed by him/it under the contract. The

final bill shall be submitted by the Contractor within 15 days from the date of

issue of completion certificate, otherwise the Engineer-In-Charge's certificate

of the measurement and of total amount payable for the work accordingly

shall be final and binding on the contractor.

5.6.17 FINAL CERTIFICATE:

Upon expiry of the period of liability and subject to the Engineer-in-charge

being satisfied with the work or works having been duly performed by the

Contractor and the Contractor having fulfilled all his obligations under the

contract, the Group General Manager shall give a certificate hereinafter

referred to as the 'Final Certificate' and the contractor shall not be considered

to have fulfilled all of his/its obligations under the contract until Final

Certificate shall have been given by the Group General Manager.

5.6.18 FINAL PAYMENT AND RELEASE:

5.6.18.1 Immediately on completion of the work, the Contractor shall submit his/its

final bill indicating the gross and net amount payable. On receipt of this, the

Company shall verify the same, determining the total value of the work done

of the contract and after deducing all the sums already paid to him/it and/due

to the company on any account and such further sums as the Company on

any account and such further sums as the Company is already authorised or

required to reserve or retain on the terms of the contract or otherwise, make

over to the contract as his final payment subject to the Contractor furnishing

a certificate to the effect that he has no further claim of whatsoever nature or

description on the Company.

5.6.18.2 All prior certificate quantities, claims etc, upon which running account

payments may have been made, shall be subject to adjustment in the Final

Certificate / payment.

5.6.18.3 An unconditional "No Due" & "No claim" shall be made or be filled by the

Contractor and the Company shall not be liable to pay any money to the

Contractor, except as specifically provided for in the contract. Acceptance by

the Contractor of the final payment as aforesaid shall operate as estoppel and

shall be, a release to the Company from all claims and liability to the

Contractor in respect of anything done or furnished by the contractor for or in

relation to the work, or in respect of any act or omission of the company or

the Engineer-in-Charge or any other person relating to or effecting the work.

5.6.18.4 Final payment including the security deposit will be released to the contractor

only on furnishing the Final Certificate by him/it within one month.

5.6.19 UNDERTAKING

I/We have carefully gone through & fully understood all terms & conditions

of tender and also special terms and conditions dealt in various chapters of

tender spelt out in various sections chapters, clauses, sub-clauses etc. and

these are acceptable to me/us.

For and on behalf of the tenderer

(Authorized Signatory)

Seal & Dated


(On the letter head of the tenderer)

FORM"1"

LETTER OF SUBMISSION OF TENDER

DATE:

FROM

To:

The Group General Manager (Contracts),

Corporate office,

Rajasthan State Mines & Minerals Ltd.,

UDAIPUR 313001 (Raj).

Sub: Tender of Excavation & Removal of 54.00 Lac Bank Cubic Meter Rock From Eastern

Pit (F & G Blocks) At Jhamarkotra Rock Phosphate Mine, Udaipur (Rajasthan)

Ref: e- Tender No. RSMM/CO/GGM (Cont)/Cont-05 /2019-20 dated 16.05.2019

Dear Sir,

1. I/We possessing requisite competence, resources, experience, skill & expertise, hereby

tender my/our offer for execution of the above work as mentioned in the tender document.

I/We have carefully examined the documents connected with the above mentioned work

and agree to abide by the same.

2. I/We agree to complete the contract at the schedule of rates quoted by me/us for the work

in accordance with all the terms & conditions of the Tender Document.

3. It is expressly understood by me/us that the time is the essence of the contract. I/We agree

to complete the contract as per terms and conditions as mentioned in the tender document.

In case of failure on my/our part, I/We shall pay compensation to the Company as per the

provisions and stipulation as contained in the terms and conditions of the tender

documents.

4. I/We have deposited Earnest Money as per NIT in the form of crossed Demand Draft / BG

in favor of RSMML payable at Udaipur, particulars thereof are mentioned herein below.

I/We further agree to furnish the Security deposit and accept all the terms and conditions

laid down in the Tender Document in this respect.

D.D. /Pay Order/BG

No & Date

Name and Address of Bank Amount

5. In the event of acceptance of our tender, I/We hereby agree to abide by and fulfill all terms

and conditions referred to in the tender document including price offer and in case of any

default thereof the company shall have the right to forfeit the Earnest Money amount

and/or security deposits, or pay to the company or it's successors or it's authorized

nominee such sums of money as stipulated in the conditions contained in the tender

documents.

6. I/we enclose documentary proof of requisite document as specified in the tender

documents.

7. I/We am/are fully aware of the statutes/laws/rules in connection with working at the site.

I/We agree to abide by the applicable statutory provisions.

8. I/We hereby confirm that Price Bid (Part II) of the tender contains no stipulation/counter

conditions.

9. I/We agree to accept the decision of the Company in respect of pre-qualification of my/our

offer.

10. I/We hereby declare that the decision of the Company in selection/rejection of the

tender/contractor shall be acceptable and binding on me/us.

Date, the_______day of, ________20….

Signature of tenderer(s)

With the seal of the firm.

Witness Name in Block Letters: Full Address



FORM"2"

CHECK LIST TO BE ENCLOSED WITH 'TECHNO-COMMERCIAL (PART I) BID'


Name of Tenderer_______________________

The Check List should be submitted' alongwith TECHNO-COMMERCIAL (PART-I) BID'

in the Performa as given below:-

1.0 Name of the tenderer

2.0 Address for Communication with the tenderer

2.1 Complete Postal Address

2.2 Telephone No., FAX No., E. Mail, mobile no.

2.3 Telegraphic Address

3.0 Status of the tenderer: (Please Tick).

3.1 Individual

3.2 Proprietorship firm: Attach duly attested affidavit in

support of your status

3.3 Partnership firm: Attach copies of Partnership Deed &

copy of registration certificate (duly attested).

3.4

Co-operative Society registered under RCA, Attach duly

attested copies of Registration certificate, Bye laws, List

of Members & list of Managing Committee

3.5

Private Limited Company, Attach duly attested list of

Directors & copies of Registration Certificate,

Memorandum and Articles of Association. In case of

Limited companies, the Article of Association &

Memorandum of Association is needed with special

indication that the said Article of Association &

Memorandum of Association allows the company to take

subjected contract work and it is not ultra virus.

3.6 Public Sector undertaking (Attach supporting documents

duly attested).

3.7 Others (Please specify)- Attach duly attested supporting

document)

4.0 Power of attorney / Board Resolution in favour of the

authorised representative signing the tender Enclosed /Not Enclosed

5.0 Turn over during last financial years.

5.1 Year(2015-16)

5.2 Year(2016-17)

5.3 Year (2017-18)

5.4 Year (2018-19)

5.5 Whether Enclosed duly attested copies of audited balance

sheets & P&L accounts of above financial year. Enclosed / Not Enclosed

6.0 Main business activities (experience) of the tenderer

6.1

6.2

6.4

6.5 Others (Please specify)

7 Proof of experience.


a) Past experience of tenderer as per format

b) Copies of Work orders - Enclosed / Not Enclosed

c) Work completion certificates Enclosed / Not Enclosed

d) Break up of Year wise revenue against each order is given

8 Details of concurrent commitments (FORM 4 )

9 Acceptance of tender terms & conditions.

10

Whether the tenderer has accepted the terms and

conditions of this tender by signing on each page of this

tender.

Yes /No.

11

Whether the tenderer has proposed any conditions

addition/modification/ deviation to the terms & of the

tender.

Yes /No.

Note: If yes, please provide details as per

Exceptions and Deviations statement

{Form 7)

12 Proposed site organization

13 Copy of P.F. registration certificate

14 Copy of GST registration certificate

15

List of trained & experienced Technical persons

employed with the contractor showing their qualification

and experience.

16 Any other relevant information about the tenderer.

17

Affidavits on non judicial stamp paper that tenderer is not

having or had any litigation with the Company, if any,

give details.

Yes No.

18 Details of Earnest money deposited (as per NIT) Demand

Draft /Pay order

No. & Date.

Name of Bank &Payable at

19

Undertaking that We have not enclosed any additional

condition and or deviations from the tender conditions

alongwith "Price Bid". If any such additional condition

and/ or deviation are found enclosed with the "Price Bid",

then same may be treated as withdrawn from our side.

20 Action plan regarding acquiring/getting requisite

machinery for successful execution of the entire work.

21 PAN No.

22 Status of registration under MSMED Act along with copy

of certificate

23 Any other information/document Tenderer wish to submit

to strengthen his bid.

1. If the above documents are not submitted while submitting the tender, then the tenderer may

not be considered technically eligible and its Price Bid may not be opened, for which, the

Tenderer will be responsible . Company is not bound to ask the tenderer to submit the left out

details, if any, after submission of tender on due date.

2. Before enclosing the documents read carefully the tender document conditions/stipulations and

enclose the requisite documents only.

3. Photocopies of the documents shall be self attested.

(Authorised Signatory)

Name of the Tenderer: --------------------------------------------------

Designation/Relationship of the: ---------------------------------------

Authorised Signatory with the tenderer Date: ---------- Place: ----------


FORM"3

DETAILS OF EXPERIENCE, if any


Name of Tenderer______________________

Tenderer will give information of the work done during immediate preceding years strictly as per

the proforma given below. (The particulars of rock excavation work are required to be given in

detail).

Ord

er N

o.

Full particulars

of work carried out by

the tenderer

Name & postal address

of client

Value of

Work

Details of

completion of

work (date of

commencement

& date of

completion)

Any other

information

Certified that the above information is correct.

Signature of Tenderer



FORM"4"

DETAILS OF PRESENT COMMITMENT, if any


Name of Tenderer___________________________________

Sr.

No.

Name of

Organization

For whom

Worked

&Work order

No. with date

Name of

work &

order

no.

Quantity

of work

Period

from

to

Value

of

work

% of

completed

Work(in

terms value

as well as

qtv.)

Likely

Date of

completion

Period of

delay

(if

any)

Penalty or

liquidated

damages

Paid

(if any)

Remarks

Certified that the above information is correct.

Signature of Tenderer



FORM"5"

EXCEPTIONS AND DEVIATIONS


Name of Tenderer

Tenderer may stipulate here exceptions and deviations to the tender conditions, if considered

unavoidable.

No. Page No. of

tender document

Clause No. of

Tender documents Subject Deviation

Signature of Tenderer with office seal



FORM"6"

PROPOSED SITE ORGANISATION


Name of Tenderer ____________________________________

The Tenderer is to indicate herewith proposed site organization, indicating the number of

persons along with their role & responsibilities, which he proposes to set up for execution

of the work. It is understood that this will be augmented from time to time depending on

the requirements for timely completion of work, as directed by Engineer-in-Charge.

The contractor shall strictly have to depute minimum qualified persons, in addition to

other requisite supervisory, operational and other staff to accomplish the work

satisfactorily as per clause 5.1.11 of this tender document.

Signature of Tenderer with office seal


BOQ1/ FORM"7"

Performa of "PRICE-BID"

To be submitted strictly online in the prescribed format provided at

https://eproc.rajasthan.gov.in else tender will liable to be rejected.

Name of Work: Excavation & Removal of 54.00 Lac Bank Cubic Meter Lac Bank Cubic

Meter Rock from area Eastern Pit(F and G Blocks) at Jhamarkotra Rock Phosphate Mines, Udaipur (Rajasthan).

e- Tender No. RSMM/CO/GGM (Cont)/Cont-05 /2019-20 dated 16.05.2019 Name of Tenderer ________________________________

Sr.

No.

Particulars Area Approx.

Quantity

Unit Rate/Unit

(Rs/ BCM)

Total

amount (Rs.)

1

Mining of rock phosphate ore

including, drilling, digging,

excavation, loading, transportation

with all leads and lifts to Crushing

Plant/s unloading at indicated

places and including all

preparatory works connected with

the work and as per the scope of

the work described in the tender.

Eastern Pit

(F- Block &

G- Block)

3.75lac

BCM

Lac

BCM

2.

Excavation and removal of over

burden/waste rock including,

drilling, digging, excavation,

loading and transportation of

Overburden/ waste rock/ to

indicated dump yards and all other

allied and preparatory works

connected with the work as per

the directions of Engineer in

charge and as described in the

scope of work of this tender.

Eastern Pit

(F- Block &

G- Block)

50.25 lac

BCM

Lac

BCM

Grand Total

NOTE-

1) Quantities can not be predicted exactly. However, approx., quantities have been indicated.

2) Unit rate quoted by the tenderer shall be inclusive, including cost of preparatory works, and finishing

work etc.

3) All incidental or contingent works required for performance of work as above shall be done by the

tenderer at its cost & expense and it would not qualify for extra payment.

4) The prevailing price of diesel (HSD) of IOCL ex Udaipur i.e 68.78 per liter shall be the base price.

5) The rate quoted by bidder will be exclusive of Goods and Service Tax (GST). However the rates will

be inclusive of any other levies and duties as applicable on this contract (up to last date of submission

of the bid).


Name Designation& Seal



BOQ2/ FORM "8" Performa of "PRICE-BID"

To be submitted strictly online in the prescribed format provided at

https://eproc.rajasthan.gov.in else tender will liable to be rejected.

FOR EXCAVATION AND DISPOSAL OF OVERBURDEN/ WASTE ROCK AT INDICATED LOCATIONS FOR FILLING WORK UPTO SPECIFIED FORMATION LEVEL: e- Tender No. RSMM/CO/GGM (Cont)/Cont-05 /2019-20 dated 16.05.2019 Name of Tenderer ________________________________

S. No. Particulars Approx. Quantity Rate

(Rs/BCM/ Km)

1. Transportation of over burden- waste rock

over a lead beyond 3.0 Kms. (one side) in

case of areas Eastern Pit (F & G Blocks) for

all lifts, as generally shown in the enclosed

drawing and disposal/ spreading of the same

in the areas as indicated by the Engineer-In-

Charge up to the formation levels as

approved for filing work and including

preparatory work and rehandling of rock, if

any, connected with the job, as per the scope

of the work described in the Tender &

specifications of the contract for every

additional distance of 1 Km or part thereof

over a lead beyond 3.0 Kms. (one side) up

to a lead of maximum 7.0 Kms. (one side).

Maximum 10% of

waste rock/ ore over the

awarded quantity

Note: 1) Quantities cannot be predicted exactly. However, approx., quantities have been

indicated. 2) Unit rate quoted by the tenderer shall be including cost of preparatory works, and

finishing work etc but excluding GST. 3) The rate quoted by bidder will be exclusive of Goods and Service Tax (GST).

However the rates will be inclusive of any other levies and duties as applicable on this contract (up to last date of submission of the bid).

Dated: --------- Place: ------


Name

Designation



SECTION-7

ANNEXURES

ANNEXURE „A‟ Undertaking for declaration

ANNEXURE 'B' Performa of guarantee bond for security deposit.

ANNEXURE 'C' BANK DETAILS OF TENDERER FOR RTGS/NEFT/ONLINE

ANNEXURE 'D' Details of explosives used at Jhamarkotra mines.

ANNEXURE 'E' Minimum size of major equipment to be deployed for work.

ANNEXURE „F‟ Surface plan showing proposed working area and area for

dumping of OB/SO and other surface features/establishments etc.

at Jhamarkotra rock phosphate mines

ANNEXURE „G‟ Declaration by the contractor

ANNEXURE „H‟ Performa of guarantee bond for Earnest Money deposit

ANNEXURE „I-L‟ RTPP Act


ANNEXURE-'A'

UNDERTAKING

(On non-judicial stamp paper of appropriate value )


Name of Tenderer……………………………………………………………………

I ………………………….S/o ……………………………age……..years, residence

of ….......on behalf of ………………………(name of tenderer),hereby undertake that:

(1) I / We are not having or had any litigation with the RSMML/any other

company in relation to the work. In case of litigation with RSMM or any other

company, I/we hereby undertake that such litigation will not restrict me/us in

smooth execution of tendered work.

(2) “I/We have not been banned /suspended /de-listed by RSMML or any

government organisation/department.”.

(3) I / We declare that I/We have not mentioned any exception /deviation of the

tender conditions anywhere else in our offer &

(4) I / We declare that price bid is in prescribed & no conditions are attached to

it.Even if any conditions /s found, those would be ignored at the risk & cost of

us.

(5) That we are registered under MSMED act & the registration number of the

firm is……. (Copy enclosed).

Or

That we are not registered under MSMED act.

(6) I/We do hereby declare that I/We have fully read and understood the purpose

and contents of all the terms and conditions of this contract, nature, quantum,

contract period and scope of work of the tender document and all terms&

conditions of this tender and these are acceptable to we/us.

(7) I/We do hereby declare that I/We have fully read and understood the provision

of Rajasthan Transparency in public procurement Rules 2013 and all terms&

conditions mentioned therein are acceptable to we/us.

(8) I hereby declare that as on date no default has been made by us towards

payment of GST and all returns up to the last date of submission of bid have

been filled by us.”

Signature of Tenderer(s)

With Seal

Date: ----------

Place: ----------


ANNEXURE-'B'

PROFORMA OF GUARANTEE BOND FOR SECURITY DEPOSIT

(To be issued by a Public sector bank(except SBI) /ICICI/Axis/HDFC Bank having its Branch

office at Udaipur on on non-judicial stamp paper of appropriate value under Indian Stamp

Act prevailing on the date of issuance of BG, presently it is 0.25% of BG value subject to

maximum of Rs. 25000/-.)

B.G --------------------------------------------- Dated -----------------

This Deed of Guarantee made between ----------------------------------------------------------- Bank,

having its registered office at and its head office

at ______________ and wherever the context so required include its successors and assignees

(hereinafter called the Surety/Bank) AND Rajasthan State Mines and Minerals Limited, a

company incorporated and registered under Indian companies Act,1956, having its registered

office at C89/90 Lal Kothi Scheme, Janpath, Jaipur and Corporate office at 4 Meera Marg,

Udaipur and wherever its context so required includes its successors and assignees(hereinafter

called 'the company).

Whereas the Company having agreed to exempt M/s. __________________ ___a

company/partnership firm (address of registered/RO.) where ever the context so require includes

its successors and assignees (hereinafter called 'the Contractor) from the demand under the terms

and

Conditions of letter of acceptance no ________________ _____dated ____________ ___issued

in favour of

the Contractor and agreement dated entered into between RSMML and

M/s.______________________________(Contractor), hereinafter called 'the said letter of

Acceptance/agreement' which expression shall also include any amendment, modification or

variations thereof made in accordance with the provision thereof, of cash security deposit for the

due fulfillment by the said letter of Acceptance/agreement on production of unconditional and

irrevocable Bank Guarantee for Rs___________( Rs. ) being

equivalent to _______________________________________ % of Contract value of Rs.

_____________

Now this deed witnessed that in consideration of said bank having agreed on the request of the

Contractor to stand as surety for payment of Rs. as security deposit to the company subject to the

following conditions.

1) We, ---(bank) do hereby undertake to pay to the company as amount not exceed inRs. ----

against any loss or damage caused to or suffered or would be caused to or suffered by the

company by reason of any breach by the said contractor of any of the terms and/or conditions

contained in the Letter of Acceptance/Agreement The decision of the Company, as to any such

breach having been committed and loss/damage suffered to shall be absolute and binding on

us.

2) We, ---(bank) do hereby undertake without any reference to the Contractor or any other person

and irrespective of the fact whether any dispute is pending between the Company and the

Contractor before any court or tribunal or Arbitrator relating thereto, to pay the amount due

and payable under this guarantee without any demur, and/or protest merely on the very first

demand from the Company stating that the amount claimed is due by way of loss or damage

caused to or suffered by or would be caused to or suffered by the Company by reason of any

breach by the said contractor of any of the terms and condition contained in the said Letter of

Acceptance/agreement by reason of the said contractor's failure to perform the covenants

contained in said letter of Acceptance/agreement. Any such demand made on the bank shall be

conclusive absolute and unequivocal as regards the amount due and payable by the bank under

this guarantee. However, bank's liability under this guarantee shall be restricted to an amount

not exceeding Rs. __.

3) We, ---(bank) further agree that the guarantee herein above contained shall remain in full force

and effect during the period that would be taken for the performance of the agreement and that


it shall continue to be enforceable till all the dues of the company under or by virtue of the

agreement have been fully paid and its claim/s satisfied or discharged or till the company

certifies that the terms and the conditions of the said Letter of Acceptance/agreement have

been fully and properly carried out by the said contractor and accordingly discharges the

guarantee, unless a demand or claim under this guarantee is made on the bank in writing on or

before _______________ ( scheduled completion date, plus six months), the bank shall be

discharged from all liability under this guarantee thereafter unless otherwise further extended

by the bank.

4) In order to give full effect to the guarantee herein contained the company shall be entitled to

act as if, we(bank) are your principal debtor in respect of all your claims against the Contractor

hereby guaranteed by us as aforesaid and we hereby expressly waive all our rights of

suretyship and other rights, if any which are in any way inconsistent and/or contrary to the

above or any other provision of this guarantee, the bank's guarantee to pay hereunder will not

be determined or affected by your proceeding against the Contractor and the bank will be

liable to pay the said sum as and when demanded by you merely on first demand being made

on the bank by you and even before any legal or other proceedings taken against the

contractor. Any letter of demand delivered at the bank's above branch/divisional office or

Udaipur branch office under the signatures of the company's Financial Advisor and/or Head of

SBU & PC - Rock Phosphate or any of the Directors shall deemed to be sufficient demand

under this guarantee.

5) We, ----(bank) further agree that the company shall have the fullest liberty without our consent

and without affecting in any manner our obligation hereunder to vary any of the terms and

conditions of the said Letter of Acceptance/agreement or to extend time of performance by the

said Contractor from time to time or to postpone for any time or from time to time any of the

powers exercisable by the Company against the said Contractor and to forbear or enforce any

of the terms and conditions relating to the Letter of Acceptance/Agreement and we shall not be

relieved from our liability by reason of any such variation or extension being granted to the

said contractor or for any fore bearance act, or omissions on the part of the company or any

indulgence of the Company to the said Contractor or by any such matter or things whatsoever

which under the law relating to the sureties would but for this provisions have effect of so

relieving us.

6) This guarantee herein contained would come into force from the date of issue and would not

be affected by any change in the constitution of the contractor or ourselves or liquidation or

winding up or dissolution or insolvency of the contractor nor shall it be affected by any change

in company's constitution or by any amalgamation or any absorption thereof or therewith but

shall ensure for and be available to and enforceable by absorbing or amalgamated company or

concern till the payment or amount not exceeding Rs. __ is made by the Bank.

7) The guarantee will not be discharged or affected if the Company holds/obtain any other

security/guarantee/promissory note from any person and/or the contractor and this guarantee

shall be in addition to any such guarantees.

8) We, ---(Bank) lastly undertake not to revoke this guarantee during this currency except with

the previous consent of the company in writing.

9) The bank has power to issue this guarantee in favour of the Company and the undersigned has

full powers to do so under power of Attorney dated __granted to him by the bank.

10) For the purpose of enforcing legal rights in respect of this guarantee Udaipur courts in the state

of Rajasthan alone shall have jurisdiction.

IN WITNESSETH I, HEREBY______________________SON OF________________________

(designation) __________________(branch) constituted attorney of the said bank have set my

signatures and bank seal on this guarantee which is being issued on non-judicial stamp of proper

value as per Stamp Act prevailing in the state of _______ ________________ executed at

____________this the day____________ of _______________20 .


ANNEXURE"C"

BANK DETAILS OF TENDERER FOR RTGS/NEFT/ONLINE

REFUND OF EMD

S. No. Description

Details

1 Name of Tenderer

2 e-mail ID

3 Mobile Number(For SMS)

4 Bank Account Number

5 Bank Details;

a)Name

b)Branch Number

c)Address

6 Type of A/c: Saving/Current/CC/any

other

7 IFSC Code

Signature of Tenderer(s) with Seal

Date:

Place:


ANNEXURE-D

DETAILS OF EXPLOSIVES PRESENTLY BEING USED*

AT JHAMARKOTRA MINES

Sr.

No

Description

Explosives

1. Emulsion

2. ANFO by BLS

3. 1 Kelvan Extra 83mm

4. 2 Solar Prime 83mm

5. 3 Kelvex P-90/25mm

6. 4 Safex 100gm

7. 5 Safex 250gm

8. 6 Safex 400gm

Accessories

1. 1 Premier CK25MS

2. 2 Premier CK42MS

3. 3 Premier CK50MS

4. 4 P Cord-10

5. 5 DTH 475MS 12 Mt

6. 6 DTH 500MS 8 Mt

7. 7 TLD 25MS 4Mt

8. TLD 25MS 6Mt

9. TLD 25MS 8Mt

10. TLD 42MS 6Mt

11. TLD 42MS 8Mt

*Note: The type and brand name of explosive may subject to change, in view of various

procurement modalities and management policies.


ANNEXURE"E"

MINIMUM SIZE OF MAJOR EQUIPMENT TO BE DEPLOYED

The minimum size of equipment to be deployed in Areas Eastern Pit (F and G Blocks ) for the work defined under the scope of work of this tender document is as under:

Excavators Bucket capacity of about 1.5 cum bucket capacity

Drills 102 mm dia. crawler mounted

Dumper/Tripper 25 MT capacity

Crawler mounted Dozer/

Wheel Loader

110 hp

Note:

1. Initially the HEMM Equipments/vehicles older than 5 years from the date of issue of

DLOA will not be considered.

2. Along with the suggested size for major equipment smaller equipment may be required

for development work.

3. The contractor shall maintain adequate number of equipment to meet the production

requirement along with sufficient numbers of supportive and ancillary equipment.

4. The equipment to be deployed against this contract shall be reliable and maintained

healthy to avoid idle time and any slippage on performance. No equipment will be

deployed, which in the opinion of DGMS or EIC is unsafe for working in the condition

prevailing at site.


ANNEXURE "F"

Surface plan


ANNEXURE "G"

DECLARATION BY THE CONTRACTOR

1. I/we do hereby confirm and declare that we have independently inspected Jhamarkotra Mines, ascertained and obtained all relevant and necessary information, data, particulars, working conditions, facilities etc. and existing industrial environment.

2. I/we have also ascertained the location and situation Eastern Pit ( F & G Blocks) area/site where the departmental/contractual mining operations are going on/ would be going on and the specified areas where the Contractor would be required to undertake the excavation work and re-handling of dumped material and the location of dumping site in Eastern Pit ( F & G Blocks) blocks earmarked for waste rock disposal for the specified areas and locations of crushing plants/ore stacks, where the contractor will be required to transport the ore mined during the course of excavation, including the site where the existing Contractor/s are undertaking the excavation of rock in Eastern Pit ( F & G Blocks) including the dumping site set apart for them, existing approach road/s and the location & levels where the Contractor will be required to construct and maintain haul road for transport operations, make, quality and type of explosives and blasting accessories that is being stored by the Company and is being used for excavation of rock, charge factor, landed cost/rate/issue price of diesel & explosives etc. including other data, information, particulars etc. appreciating all pros and cons for simultaneous and concurrent working at site/s, while the departmental operations and the Contractor's excavation operations might be in progress, availability of source of water in the area, availability of land and its location/distance from site camp, stores, etc. and all such other information, whether technical/commercial or otherwise.

3. I/we have also assessed and satisfied our self as to the nature, condition, quantum, extent, scope and magnitude of the work, involved in the contract, type and conditions of the strata, rock, soil, sub-soil, ground, working conditions of the area/s, availability of power supply, water supply, men and machinery requirement, availability of land etc.

4. I/We do hereby agree and undertake not to raise any dispute and/or objection at any stage on any ground whatsoever.

Dated: --------- Place: ------

(Authorised Signatory) Name of the Designation! Relationship of

the authorised Signatory with the tenderer


Annexure H

PROFORMA OF GUARANTEE BOND FOR EARNEST MONEY DEPOSIT

(To be issued by any Public sector bank(except SBI)/ICICI/Axis/HDFC Bank having its

Branch at Udaipur on non-judicial stamp paper of appropriate value under Indian Stamp Act prevailing on

the date of issuance of BG, presently it is 0.25% of BG value subject to maximum of Rs. 25000/-)

B.G. No. ______________ Dated ____________

This Deed of Guarantee made between __________________ a Bank , having its registered office

at _____________ and its head office at ___________________ and wherever the context so required

include its successors and assignees ( hereinafter called the Surety/ Bank) & Rajasthan State Mines &

Minerals Limited, a Company incorporated and registered under the Indian Companies Act, 1956, having its

registered office at 89-90, Janpath, Lal Kothi, Jaipur and Corporate Office at 4 Meera Marg, Udaipur

313004, Rajasthan, and wherever its context so required includes its successors and assignees (hereinafter

called 'the Company').

Whereas the company having agreed to furnish BG for EMD from M/s _____________ a company/

partnership firm __________________ (address of registered / H.O.) wherever the context so require

includes its successors and assignees (hereinafter called 'the Tenderer' ) from the demand under the

terms and conditions of tender no RSMM/CO/ GGM(Cont)/Cont-…………. For Excavation & Removal

of ………………..

Jhamarkotra Rock Phosphate Mines, Udaipur (Rajasthan)

…………………………………………………….. (hereinafter called 'the said Tender) of Earnest

Money Deposit to be paid in cash or by Demand Draft for the due fulfillment by the said tenderer of

terms and condition contained in the said tender on production of unconditional and irrevocable Bank

Guarantee for Rs………..lacs .

Now this deed witnesseth that in consideration of said bank having agreed on the request of the

Tenderer to stand as surety for payment of Rs. …… lacs as Earnest Money deposit to the company subject

to the following conditions.

(i) We, _______________________ (Bank) do hereby undertake to pay to the company an

amount not exceeding Rs. ------- lacs against any loss or damage caused to or suffered or

would be caused to or suffered by the company by reason of any breach by the said

Tenderer of any of the terms and /or conditions contained in the Agreement ( the decision

of the company as to any such breach having been committed and loss/damage suffered to

shall be absolute and binding on us).

(ii) We, ____________________ (bank) do hereby undertake without any reference to the

Tenderer or any other person and irrespective of the fact whether any dispute is pending

between the company and the Tenderer before any court or tribunal or Arbitrator relating

thereto, to pay the amount due and payable under this guarantee without any demur, and/or

protest merely on the very first demand from the company stating that the amount claimed

is due by way of loss or damage caused to or suffered by or would be caused to or suffered

by the company by reason of any breach by the said tenderer of any of the terms and

condition contained in the said tender by reason of the said tenderer's failure to keep the

said tender open. Any such demand made on the bank shall be conclusive absolute and

unequivocal as regards the amount due and payable by the bank under this guarantee.

However, bank's liability under this guarantee shall be restricted to an amount not

exceeding Rs. -------lacs

(iii) We, ___________________ (bank) further agree that the guarantee hereinabove contained

shall remain in full force and effect during the period that would be taken for the

finalization of the said tender and that it shall continue to be enforceable the said tender till

the said tender is finally decided and order placed on the successful tenderer and / or till

the company certifies that the terms and the conditions of the said tender have been fully

and properly carried out by the said tenderer and accordingly discharges the guarantee,

unless a demand or claim under this guarantee is made on the bank in writing on or before

……….., the bank shall be discharged from all liability under this guarantee thereafter

unless otherwise further extended by the bank. Any letter of demand delivered at the

bank's above branch/ divisional office or Udaipur branch office under the signatures of the


company's F.A or GGM(Cont.) shall be deemed to be sufficient demand under this

guarantee.

(iv) In order to give full effect to the guarantee herein contained the company shall be entitled

to act as if, we (bank) are your principal debtor in respect of all your claims against the

Tenderer hereby guaranteed by us as aforesaid and we hereby expressly waive all our

rights of suretyship and other rights, if any which are in any way inconsistent and/or

contrary to the above or any other provision of this guarantee, the bank's guarantee to pay

hereunder will not be determined or affected by your proceeding against the Tenderer and

the bank will be liable to pay the said sum as and when demanded by you merely on first

demand being made on the bank by you and even before any legal or other proceedings

taken against the Tenderer

(v) This guarantee herein contained would come into force from the date of issue and would

not be affected by any change in the constitution of the tenderer or ourselves or liquidation

or winding up or dissolution or insolvency of the Tenderer nor shall it be affected by any

change in company's constitution or by any amalgamation or any absorption thereof or

therewith but shall ensure for and be available to and enforceable by absorbing or

amalgamated company or concern till the payment of amount not exceeding Rs. --------lacs

is made by the Bank.

(vi) The guarantee will not be discharged or affected if the Company holds/obtain any other

Earnest Money/guarantee/promissory note from any person and/or the Tenderer and this

guarantee shall be in addition to any such guarantees.

(vii) We, _______________________________ (Bank) lastly undertake not to revoke this

guarantee during this currency except with the previous consent of the company in writing.

(ix) The bank has power to issue this guarantee in favour of the Company and the undersigned

has full powers to do so under Power of Attorney dated _________________ granted to

him by the Bank.

(x) For the purpose of enforcing legal rights in respect of this guarantee Udaipur courts in the

state of Rajasthan along shall have jurisdiction

IN WITNESSETH I, hereby _______________________, son of _________________________

(designation) ____________________ (branch) constituted attorney of the said bank have set my signatures

and bank seal on this guarantee which being issued on non-judicial stamp of Rs.------------- as per Stamp Act

Prevailing in the state of Rajasthan, executed on this date ____ of ____________, 20...


Annexure I

Compliance with the Code of integrity and No Conflict of Interest

Any person participating in a procurement process shall:

(a) not offer any bribe, reward or gift or any material benefit either directly or indirectly in

exchange for an unfair advantage in procurement process or to otherwise influence the procurement process.

(b) not misrepresent or omit that misleads or attempts to mislead so as to obtain a financial or other benefit or avoid an obligation.

(c) not indulge in any collusion, Bid rigging or anti competitive behavior to impair the transparency, fairness and progress of the procurement process;

(d) not misuse any information shared between the procuring Entity and the Bidders with an intent to gain unfair advantage in the procurement process;

(e) not indulge in any coercion including impairing or harming or threatening to do the same, directly or indirectly, to any party or to its property to influence the procurement process.

(f) not obstruct any investigation or audit of a procurement process.

(g) disclose conflict of interest, if any; and (h) disclose any previous transgressions with any Entity in India or any other country during

the last three years or any debarment by any other procuring entity.

Conflict of Interest: The Bidder participating in a bidding process must not have a Conflict of Interest. A Conflict of Interest is considered to be a situation in which a party has interests that could improperly influence that party‟s performance of official duties or responsibilities, contractual obligations, or compliance with applicable laws and regulations. i. A Bidder may be considered to be in Conflict of Interest with one or more

parties in a bidding process if, including but not limited to:

a. have controlling partners/shareholders in common; or b. receive or have received any direct or indirect subsidy from any of them; or c. have the same legal representative for purposes of the Bid; or d. have a relationship with each other, directly or through common third parties, that puts

them in a position to have access to information about or influence on the Bid of another bidder, or influence the decisions of the Procuring Entity regarding the bidding process; or

e. the Bidder participates in more than one Bid in a bidding process. Participation by a Bidder in more than one Bid will result in the disqualification of all Bids in which the Bidder is involved. However, this does not limit the inclusion of the same subcontractor, not otherwise participating as a Bidder, in more than one Bid; or

f. the Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the Goods. Works or Services that are the subject of the Bid; or

g. Bidder or any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity as engineer-in-charge/consultant for the contract.


Annexure-J

Declaration by the Bidder regarding Qualifications

Declaration by the Bidder

In relation to my/our Bid submitted to ……………………. For procurement of ………………………. in response to their Notice Inviting Bids No. ……………… ……. Dated

………….. I/We hereby declare under Section 7 of Rajasthan Transparency in Public Procurement

Act, 2012, that:

1. I/we possess the necessary professional, technical, financial and managerial resources and

competence required by the Bidding Document issued by the Procuring Entity. 2. I/we have fulfilled my/our obligation to pay such of the taxes payable to the Union and the

State Government or any local authority as specified in the Bidding Document. 3. I/we are not insolvent, in receivership, bankrupt or being wound up, not have my/our

affairs administered by a court or a judicial officer, not have my/our business activities suspended and not the subject of legal proceedings for any of the foregoing reasons.

4. I/we do not have, and our directors and officers not have, been convicted of any criminal

offence related to my/our professional conduct or the making of false statements or misrepresentations as to my/our qualifications to enter into a procurement contract within a period of three years preceding of commencement of this procurement process, or not have been otherwise disqualified pursuant to debarment proceedings;

5. I/we do not have a conflict of interest as specified in the Act, Rules and the Bidding

Document, which materially affects fair competition;

Date Signature of bidder Place Name:

Designation:

Address:


Annexure-K The designation and address of the First Appellate Authority is –

Principal Secretary to the Government of Rajasthan, Department of Mines & Petroleum, Secretariat, Jaipur

The designation and address of the Second Appellate Authority is – Principal Secretary to the Government of Rajasthan, Department of Finance, Secretariat, Jaipur (1) Filing an appeal

If any Bidder or prospective bidder is aggrieved that any decision, action or omission of the Procuring Entity is in contravention to the provisions of the Act or the Rules or the Guidelines issued thereunder, he may file an appeal to First Appellate Authority, as specified in the Bidding Document within a period of ten days from the date of such decision or action, omission, as the case may be, clearly giving the specific ground or grounds on which he feels aggrieved:

Provided that after the declaration of a Bidder as successful the appeal may be filed only by a Bidder who has participated in procurement proceedings:

Provided further that in case a Procuring Entity evaluates the Technical Bids before the opening of the Financial Bids, an appeal related to the matter of Financial Bids may be filed only by a Bidder whose Technical Bid is found to be acceptable.

(2) The officer to whom an appeal is filed under para (1) shall deal with the appeal as

expeditiously as possible and shall endeavour to dispose it of within thirty days from the date of appeal.

(3) If the officer designated under para (1) fails to dispose of the appeal filed within the

period specified in para (2), or if the Bidder or prospective bidder or the Procuring Entity is aggrieved by the order passed by the First Appellate Authority, the Bidder or prospective bidder or the Procuring Entity, as the case may be, may file second appeal to Second Appellate Authority specified in the Bidding Document in this behalf within fifteen days from the expiry of the period specified in para (2) or of the date of receipt of the order passed by the First Appellate Authority, as the case may be.

(4) Appeal not to lie in certain cases

No appeal shall lie against any decision of the Procuring Entity relating to the following matters, namely:- (a) determination of need of procumbent; (b) provisions limiting participation of Bidders in the bid process; (c) the decision of whether or not to enter into negotiations;

(d) cancellation of a procurement process;

(e) applicability of the provisions of confidentiality.


(5) Form of Appeal

(a) An appeal under para (1) or (3) above shall be in the annexed Form along with

as many copies as there are respondents in the appeal. (b) Every appeal shall be accompanied by an order appealed against, if any,

affidavit verifying the facts stated in the appeal and proof of payment of fee. (c) Every appeal may be presented to First Appellate Authority or Second

Appellate Authority, as the case may be, in person or through registered post or authorized representative.

(6) Fee for filing appeal

(a) Fee for first appeal shall be rupees two thousand five hundred and for second

appeal shall be rupees ten thousand, which shall be non refundable. (b) The fee shall be paid in the form of bank demand draft or banker‟s cheque of

Scheduled Bank in India payable in the name of Appellate Authority concerned.

(7) Procedure for disposal of appeal

(a) The first Appellate Authority or Second Appellate Authority as the case may

be, upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and document, if any, to the respondents and fix date of hearing.

(b) On the date fixed for hearing, the First Appellate Authority or Second

Appellate Authority, as the case may be, shall:-

(i) hear all the parties to appeal present before him; and (ii) peruse or inspect documents, relevant records or copies thereof relating to

the matter.

(c) After hearing the parties, perusal or inspection of documents and relevant

records or copies thereof relating to the matter, the Appellate Authority concerned shall pass an order in writing and provide the copy of order to the parties to appeal free of cost.

(d) The order passed under sub-clause(c) above shall also be placed on the State

Public Procurement Portal.


Form No.1 (see rule 83)

Memorandum of Appeal under the Rajasthan Transparency in Public Procurement Act, 2012

Appeal No. ………………. of ……………………………. Before the …………………………….(first/second Appellate Authority) 1. Particular of appellant:

(i) Name of the appellant:

(ii) Official address, if any:

(iii) Residential address: 2. Name and address of the respondent(s):

(i)

(ii)

(iii) 3. Number and date of the order appealed against and

name and designation of the officer/authority who passed the order (enclosed copy, or a statement of a decision, action or omission of the Procuring Entity in contravention to the provisions of the Act by which the appellant is aggrieved:

4. If the Appellant proposes to be represented by a

representative, the name and postal address of the representative:

5. Number of affidavits and documents enclosed with the

appeal: 6. Ground of appeal :

………………………………………………………..(Supported by an affidavit) 7. Prayer:

………………………………………………………..

Place ………………………….. Date …………………………..

Appellant‟s Signature


Annexure-L Additional Conditions of Contract

1. Correction of arithmetical errors

Provided that a Financial Bid is substantially responsive, the Procuring Entity will correct arithmetical errors during evaluation of Financial Bids on the following basis:

i. if there is a discrepancy between the unit price and the total price that is obtained

by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the Procuring Entity there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected.

ii. if there is an error in a total corresponding to the addition or subtraction of

subtotals, the subtotals shall prevail and the total shall be corrected; and

iii. if there is a discrepancy between words and figures, the amount in words shall

prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (i) and (ii) above.

If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors, its Bid shall be disqualified and its Bid Security shall be forfeited or its Bid Securing Declaration shall be executed.

2. Procuring Entity‟s Right to Vary Quantities

(i) At the time of award of contract, the quantity of Goods, works or services

originally specified in the Bidding Document may be increased or decreased by a specified percentage, but such increase or decrease shall not exceed twenty percent, of the quantity specified in the Bidding Document. It shall be without any change in the unit prices or other terms and conditions of the Bid and the conditions of contract.

(ii) If the Procuring Entity does not procure any subject matter of procurement or

procures less than the quantity specified in the Bidding Document due to change in circumstances, the Bidder shall not be entitled for any claim or compensation except otherwise provided in the Conditions of Contract.

In case of procurement of Goods or services, additional quantity may be procured by placing a repeat order on the rates and conditions of the original order. However, the additional quantity shall not be more than 50% of the value of Goods of the original contract and shall be within one month from the date of expiry of last supply. If the Supplier fails to do so, the Procuring Entity shall be free to arrange for the balance supply by limited Bidding or otherwise and the extra cost incurred shall be recovered from the supplier.

Documents

e--T TEENNDDEERR DDOOCCUUMMEENNT FFOORR